Can both people in a domestic violence case end up with restraining orders against each other in North Carolina? Mutual domestic
That issue was at the heart of Shuler v. Donahue, a recent decision by the North Carolina Court of Appeals. In that case, both parties received protective orders from the same hearing, yet the appellate court vacated one of them because the trial judge had not followed the proper statutory steps. The opinion serves as a reminder that even when both people allege abuse or harassment, the law limits how and when a court can enter mutual restraining orders.
If you are involved in a 50B case in Wake County, it makes sense to speak with a lawyer who regularly handles domestic violence protective order hearings. Fanney Law Office in Raleigh represents clients in both criminal and civil DV protective order cases. Call our Raleigh office to schedule a confidential consultation: 919-617-7009
What a Domestic Violence Restraining Order Does
A Domestic Violence Protective Order, also called a “DVPO 50B order, is a civil order issued by a district court judge to protect someone who has experienced domestic violence from a person with whom they have a qualifying personal relationship.
The law requires two findings before a judge may issue protection. First, that the relationship must qualify under Section 50B-1(b) of the North Carolina General Statutes. Second, one or more acts of domestic violence have occurred as defined in Section 50B-1(a).
Acts that may support a domestic violence restraining order include things like:
• Causing or attempting to cause bodily injury
• Placing another person or a family member in fear of imminent serious bodily injury
• Placing a person in fear of continued harassment that causes substantial emotional distress, where harassment means knowing conduct directed at a specific person that torments, terrorizes, or terrifies and serves no legitimate purpose
In disputed causes of action, once an element is established at trial, a court may order the defendant to stay away from the protected person, avoid all contact, and surrender firearms in accordance with Section 50B-3.1.
It’s important to understand that a fair number of DVPO matters are handled “by consent” whereby the defendant, the person accused of domestic violence, agrees to the terms and conditions of the 50B restraining order.
In some, but not necessarily all, instances, the parties may consent to entry of the domestic violence restraining order “without findings of fact.”
That essentially means the responding party, the defendant, agrees to entry of the 50B Order without the Court (the Judge) finding they did anything wrong. Put simply, there is no legal document or findings that the defendant in fact committed any act or acts of domestic violence.
That can be particularly important to future litigation in certain legal matters, including when the parties are married or have children in common.
Frequently Asked Questions About Mutual Domestic Violence Restraining Orders in North Carolina
A mutual domestic violence restraining order in North Carolina refers to a situation where both people in a case receive protection against one another under Chapter 50B. Courts can only enter mutual orders if each party files a separate 50B claim and the judge makes detailed findings that both acted as aggressors and neither acted primarily in self-defense. What is a mutual domestic violence restraining order under North Carolina law?
Both sides can receive protection under Chapter 50B, but only when the statutory requirements are met. If the judge issues reciprocal orders without the specific findings required by N.C.G.S. § 50B-3(b), those mutual domestic violence restraining orders could later be appealed (in some circumstances), vacated, or modified by the trial court. Can both sides in a 50B case receive restraining orders at the same hearing?
When a North Carolina district court fails to include written findings that both parties were aggressors and that neither acted primarily in self-defense, the mutual domestic violence restraining order may not comply with § 50B-3(b). This procedural error can lead to the order being challenged or reviewed for correction. What happens if the judge doesn’t make the required findings for a mutual DVPO?
Even after expiration, a domestic violence protective order can still affect employment, professional licensing, housing, or firearm rights under § 50B-3.1. North Carolina appellate courts recognize these collateral consequences, which is why understanding the long-term effects of any DVPO is important before consenting or litigating. Does an expired domestic violence restraining order still matter in North Carolina?
A Raleigh DVPO lawyer who understands both criminal and civil domestic violence cases can help you review your 50B paperwork, interpret whether the findings comply with § 50B-3(b), and prepare for hearings where mutual protection might be sought. At Fanney Law Office, clients receive guidance on how these protective orders work and what steps to take to protect their rights in Wake County courts. Why is it important to consult a Raleigh DVPO lawyer about mutual restraining orders?
When Mutual Domestic Violence Restraining Orders Are Allowed in North Carolina
Mutual domestic violence restraining orders can occur when both sides of a case receive protection against one another. While possible, mutual or “reciprocating” 50B orders are somewhat rare.
In many, if not most, instances, the Court enters an Order against only one of the parties.
Because these orders can easily infringe on certain ordinary due process rights, North Carolina law imposes some requirements before a court (a Judge or judicial official) can issue them.
Under Section 50B-3(b), a judge may only enter mutual orders when:
• Both parties have filed their own 50B claims;
• The court makes detailed findings that both parties acted as aggressors and that neither acted primarily in self-defense; and
• The right of each party to due process has been preserved through notice, an opportunity to be heard, and a full hearing.
If any of those conditions are missing, a mutual domestic violence restraining order may be invalid and subject to being vacated.
The Facts in Shuler v. Donahue
The Shuler case began when both parties filed competing 50B complaints in Catawba County.
Each claimed the other engaged in conduct that caused fear of continued harassment and substantial emotional distress.
The trial court held one combined hearing and, at its conclusion, entered two separate orders. One DVPO protected the plaintiff and another protecting the defendant.
The North Carolina Court of Appeals reviewed the record and determined that the two orders were mutual in nature. Both parties had filed claims, the hearing addressed the claims together, and the protections granted were nearly identical.
The question was not whether the trial judge could enter protection for both sides but whether the judge made the findings required for mutual orders under the statute.
The Evidence Before the Trial Court
The evidence presented showed a long and turbulent relationship marked by repeated breakups and reconciliations.
The defendant alleged that the plaintiff’s conduct, including suicide threats, emotional volatility, and constant monitoring of his communications, placed him in fear of continued harassment.
According to the record:
• The plaintiff had threatened or attempted suicide during past breakups.
• In one instance, she allegedly held a firearm to her chest and stated that she would end her life if the defendant left.
• On two occasions she purportedly overdosed on medication, requiring hospitalization.
• She accessed the defendant’s phone and social media accounts and used that information to confront or follow him.
The trial court found that those acts caused fear and emotional distress and that they served no legitimate purpose. Based on those findings, the Court (which is a District Court Judge in North Carolina) concluded that the defendant had proven an act of domestic violence under the statutory definition.
Why the Domestic Violence Order Was Vacated
Even though the appellate court agreed that domestic violence occurred, it vacated the restraining order entered against the plaintiff.
The problem was procedural in nature.
Section 50B-3(b) requires specific written findings that both parties acted as aggressors and that neither acted primarily in self-defense before mutual orders may be entered.
The trial court apparently made no such findings.
Because the orders were reciprocal in effect and entered after a single hearing, the appellate court ruled that they were mutual domestic violence restraining orders under the statute.
Without the necessary findings, those orders could not stand.
The case was sent back to the district court to decide whether the evidence supported new findings or whether the defendant’s claim should be denied entirely.
The Legal Requirements for Mutual DVPO – Domestic Violence Restraining Orders
From Shuler v. Donahue, three general principles emerge for anyone involved in a domestic violence case where both sides seek protection.
- Both parties must have filed separate claims. A mutual order cannot arise from one complaint alone. If the other person never filed a 50B action, a judge cannot enter a reciprocal order against you.
- The written order must include detailed findings. The court must specify that both sides were aggressors and that neither acted primarily in self-defense. Findings cannot be implied or assumed. They must appear in the written order.
- Due process must be protected. Each side must receive notice, a meaningful opportunity to be heard, and an evidentiary hearing before the court can issue mutual orders. You cannot have a restraining order entered against you merely because you testified in the other person’s case.
Why an Expired Restraining Order Can Still Matter
A lot of people assume that once a 50B order expires, it no longer affects them. That is not always true.
The Court of Appeals recognized that domestic violence findings can have continuing collateral effects long after the order has ended.
They can affect employment opportunities, professional licensing, housing applications, and even personal reputation.
An expired order may also have legal consequences, such as restrictions on firearm possession under Section 50B-3.1 or complications in future family law or custody proceedings.
That’s particularly true when a Court (the Judge) makes specific legal findings of fact and conclusions of law, which is an ordinary part of DVPO litigation.
That’s also why a Consent Order type of 50B Order in North Carolina can be important.
The defendant (and the parties) may consent to entry of the Domestic Violence Protective Order without findings of fact and conclusions of law, thus potentially limiting the effect(s) of the 50B to future litigation and/or legal issues.
For example, a finding by the Court that “an act” or “acts of domestic violence occurred,” with the associated conclusion of law, could very much be used against the respondent defendant in future legal proceedings.
What Shuler v. Donahue Means for People Facing Allegations of Domestic Violence
The Shuler decision clarifies that North Carolina’s appellate courts may (and occasionally do) scrutinize mutual domestic violence restraining orders to make sure the statute was followed precisely.
Even when evidence supports findings of domestic violence, failure to include the mandatory statutory findings can invalidate the order.
If you have a mutual order against you, this decision may give you legal grounds to challenge it, subject to important timing requirements.
Grounds for appeal may include:
• The other party never filed a separate 50B claim.
• The written order lacks findings about aggressor status or self-defense.
• The judge issued reciprocal orders in one hearing without distinguishing between claims.
In such circumstances, your attorney may be able to petition for appellate review and request that the mutual order be vacated.
Appeals are often subject to very specific timing requirements. Failure to timely file an appeal may result in the waiver of your appellate rights.
It’s a good idea to seek the advice of an experienced DVPO lawyer in Raleigh to determine your legal rights and the merits, if any, of your individual legal matter.
Protecting Your Rights in Wake County
Domestic violence cases regularly civil protection, in civil court, and criminal charges in Raleigh in criminal court. A 50B order is civil in nature, but violating it can result in criminal charges. The same set of facts may also lead to separate criminal allegations.
Because of these overlapping consequences, it is important to work with a lawyer who understands both systems. Fanney Law Office, represents clients throughout Wake County in cases involving domestic violence protective orders and criminal charges. Attorney John Fanney has extensive courtroom experience, evaluating criminal allegations, preparing clients for hearings, and addressing the procedural requirements under N.C.G.S. Chapter 50B – DVPO – Domestic Violence Protective Order statutes.
Call now to schedule a confidential consultation. 919-617-7009