Domestic Violence Attorney in Winston-Salem

Domestic Violence Attorney in Winston-Salem: Protecting Your Family & Future

You have 10 days to save your reputation, your home, and your relationship with your children. Here is how we fight back.

Table of Contents

Why You Need a Domestic Violence Attorney Right Now

If you are reading this, you have likely just had one of the worst days of your life. A Sheriff’s deputy probably knocked on your door, handed you a stack of paperwork, and told you that you had to leave your own home immediately.

You are confused, angry, and scared. You are likely wondering how a judge could sign an order taking your kids away without even asking for your side of the story.

This is not the time to handle things on your own. In Winston-Salem, a Domestic Violence Protective Order (50B) is the “nuclear option” in family law. It stops everything in its tracks. But while you may feel powerless, you are not out of options. You have a right to defend yourself, and that process starts the moment you hire a qualified domestic violence attorney.

How We Handle “Ex Parte” Hearings (When You Weren’t There)

The hardest thing for our clients to understand is how this order was entered without them knowing.

It is called an “Ex Parte” hearing, which means the plaintiff went to court “without the other party present”. The law allows your accuser to go before a judge alone to plead their case. Because the priority is safety, the judge has to make a split-second decision based only on what they are told in that room.

If the judge believes the story creates a “subjective fear,” they sign the temporary order immediately. They don’t call you. They don’t wait for proof. They sign it, and the Sheriff serves it.

This feels unfair because it is one-sided. As your domestic violence attorney, our first job is to prepare for the “Return Hearing.” This temporary order is not a final judgment of your character—it is a pause button that lasts about 10 days. That 10-day window is the only chance we have to fix this.

Protecting Your Custody Rights & Home

A 50B isn’t just a warning to “stay away.” In family law, it acts as an immediate, temporary divorce decree regarding your children and property. This is where a domestic violence attorney becomes essential to your long-term future.

Losing Your Home

The order likely grants “possession of the residence” to the plaintiff. It doesn’t matter if you pay the mortgage or if the house was yours before the marriage. If the order says you have to go, you have to go.

Losing Access to Your Kids

This is the part that hurts the most. The judge can grant temporary custody to your accuser instantly. Suddenly, you are legally barred from picking your kids up from school, seeing them on weekends, or even calling to say goodnight.

The Danger of the Status Quo

Here is the reality: If you do not have a domestic violence attorney fighting for you at the return hearing, this “temporary” arrangement can become the new normal. If a judge sees that the kids have been with the other parent for months, they may be hesitant to change that routine later. We have to fight this now to protect your custodial rights.

The “No Contact” Rule: Advice from a Domestic Violence Attorney

If you take only one piece of advice from this page, let it be this: Do not contact the plaintiff.

Standard 50B orders contain a “no contact provision”. When you are innocent, your natural instinct is to reach out. You want to text them and ask, “Why are you doing this?”

Do not do it.

  • It’s a Crime: Violating a 50B—even with a polite text message—is a criminal offense, and you can be held in jail.
  • No “Third Parties”: You cannot ask your mom, your best friend, or your pastor to call them for you. That counts as you contacting them through a third party, which is strictly prohibited.
  • Don’t Fall for the Bait: Sometimes, the accuser will text you saying they want to talk. If you reply, you are the one violating the order, not them.

Silence is your only safety until we get to court.

Is a 50B the Same as a Restraining Order?

Clients often ask us, “Do I need a restraining order attorney?” In North Carolina law, the terms are very different, and hiring the right domestic violence attorney means understanding the difference.

  • Domestic Violence Protective Order (50B): This is about safety. It orders you to have no contact with the other party. It is used when one party feels frightened or harassed.
  • Restraining Order (Temporary Restraining Order): This is usually about money. It is often used in divorce or alimony cases to restrain a spouse from spending marital funds or wasting assets.

If you have been served with a 50B, the court is not looking at your bank account—they are looking at your freedom and your family.

Collateral Damage: Guns, Jobs, and Your Record

Even though a 50B is a civil order, it carries heavy consequences. A skilled domestic violence attorney looks beyond the immediate hearing to protect your future rights.

  • Firearms: As soon as a 50B is entered, you face a federal ban on possessing firearms or ammunition due to the Lautenberg Amendment. You will have to surrender your guns.
  • The “Assault on a Female” Risk: If you are also facing criminal charges, you need to be very careful. In North Carolina, a conviction for “Assault on a Female”—even if you just plead guilty to avoid jail—is considered a “crime of domestic violence”. This triggers a permanent, lifetime federal gun ban, regardless of whether you were married to the victim.
  • Your Job: If you work in nursing, teaching, law enforcement, or hold a security clearance, a 50B can suspend your license or get you fired.

The 10-Day Defense Strategy

The law gives you a “Return Hearing,” usually within 10 days of the order being served. This is your day in court. This is when the judge finally hears your side.

But 10 days isn’t a lot of time to prepare. While you are finding a place to sleep, your domestic violence attorney needs to be building your defense.

How We Defend You:

  • We Get the Receipts: We subpoena text logs, emails, and GPS data. Often, the digital trail tells a very different story than the one told to the judge.
  • Witnesses: We find people who actually saw what happened—or who can testify that nothing happened at all.
  • Focus on Family Law: We stop looking at this as just a fight about “safety” and start treating it as a custody case. We argue for the “best interests of the minor children”, pushing for visitation rights and a fair schedule.

The goal is to get the order dismissed or settled in a way that protects your record and gets you back in your children’s lives.

Let’s Get Your Life Back

Being served with a 50B makes you feel like a criminal, even if you haven’t done anything wrong. The stigma, the separation from your home, and the fear of the future are overwhelming.

Don’t face this system alone. The other side has already had their turn to speak. Now it’s yours. Contact our Winston-Salem domestic violence attorneys today. We know how to handle high-conflict family law cases, and we are ready to fight for your family.