What Happens if I Miss My Protective Order Hearing?

Posted by Josh Valentine | Apr 22, 2020

Protective orders, sometimes called restraining orders, are common after a divorce, domestic violence call, or conviction for abuse or stalking. A protection order may direct a party to refrain from contacting the other; prohibit a party from going within a certain distance of the other; grant to a party possession of the residence or household and exclude the other party, and any additional prohibitions or requirements the court deems necessary. 

With so many restrictions, prohibitions, and expenses at stake, it is important to defend yourself in a protective order hearing and tell your side of the story. Contact protective order criminal defense attorneys at Caulder & Valentine Law Firm, PLLC in Shelby for help with your hearing. 

What Happens If You Miss the Protective Order Hearing

The preliminary protective order (PPO) is a temporary order. A judge can issue a PPO without the defendant attending the hearing. This is also known as an “ex parte” hearing. You may not even know about a PPO until after the order is already issued. So do not worry if you did not get notice to attend the PPO hearing because a final or permanent protective order hearing will generally follow. 

A PPO generally lasts for 15 days or until there is a permanent or final protective order hearing. This should allow time to notify the defendant of the “permanent” protective order hearing. A permanent protective order hearing is not permanent but it lasts much longer, generally for two years, but can be extended by the court. 

If the defendant fails to attend the permanent protective order hearing, the court may enter the order based only on the alleged victim's claims. If the court finds that there was proper notice of the hearing and the defendant does not show up, the order may be entered by default. After the order has been entered, it will be more difficult to change the order. 

If You Cannot Attend the Protective Order Hearing

If you cannot attend the protective order hearing, contact your attorney as soon as possible to get a continuance or reschedule the hearing. You may try and contact the court directly to request more time, at the discretion of the court. Do not wait until the last minute to try and get a change of date, because it may be too late. 

Protective Order Hearing Rescheduled After COVID-19 

Most court hearings have been put off or rescheduled due to coronavirus/COVID-19. Some hearings will be able to be held through web conferencing, video conferencing, and phone access without an in-person appearance. Certain emergency court hearings may be available through WebEx or other remote means, or in-person as necessary.  

Talk to your attorney if your Preliminary or Permanent Protective Order hearing has been rescheduled or delayed. If an emergency protective order against you is complicating your life and keeps getting extended without your chance to be heard in court, talk to your attorney about your options.

Our Law Firm is Open to Help Our Community

At Caulder & Valentine Law Firm, PLLC, we will remain available to help our community in these difficult times. We are available to help you and your family by phone, online, or using whatever means of communication are necessary in your time of need. If you need help with emergency custody or family law proceedings, contact us today for a consultation.

About the Author

Josh Valentine

You could say Josh has a God-given ability for sustaining long-term relationships. He and his wife first met in elementary school and went to Gardner Webb University (GWU) together, where they tied for number 1 in their class. Then, they both started law school on the same day of their graduation and got married during their first semester. He has also known his law partner Blake Caulder since Kindergarten. Theirs is the perfect partnership. “He’s the brake; I am the accelerator,” Josh says. Both Josh and his wife attended an innovative program at Charlotte Law School that allowed them to complete law school in two years instead of the typical three. His wife graduated and passed the North Carolina bar at age 20, becoming one of the youngest attorneys in the state. He readily admits she’s smarter than him. Of course, Josh went on to pass the North Carolina State Bar himself and later the South Carolina State Bar. While in school, he was Associate Editor of the Law Review and received accolades like Phi Delta Phi International Legal Honor Society membership, Order of the Crown, Pro Bono Honors, CALI Awards (highest grade). In his career as a lawyer, he has been admitted to the United States Federal Court for the Western District of North Carolina, is a member of the American Association of Premier DUI Attorneys, and completed training for DWI Detection & Standardized Field Sobriety Testing. Josh has also been named to the Top 40 Under 40 for Criminal Defense by The National Trial Lawyers, the Business North Carolina 2019 Legal Elite for Criminal Defense, and the 10 Best Attorneys for Client Satisfaction by the American Institute of Criminal Law Attorneys three years in a row (2016, 2017, and 2018). Community involvement has been important to Josh all his life. In high school, he participated in building a Holocaust museum that has become internationally regarded. He and his wife are actively engaged in animal rescue, which currently means seven cats and two kittens. He served in prison ministry and assisted with fundraiser banquets there, and he provides pro bono and reduced fee legal services to those in need. As if all of that weren’t enough, Josh also mentors high risk youth and helps with his church’s youth group. He participates in other community volunteer projects involving construction, remodeling, drywall, painting, and landscaping. He’s an active student of the Bible and has traveled to Israel, Brazil, and Europe for mission work. No one can say Josh isn’t a well-rounded individual. In his spare time, he likes to play softball, basketball, and tennis, and he can play the piano and trombone. Sometimes on weekends, believe it or not, he enjoys pouring and finishing concrete with friends who own a concrete and grading business. In his law practice, Josh has made it a point to develop positive relationships with officers, clerks, and district attorneys, which has proven invaluable in delivering positive results for his clients. It’s important to him to both listen to his clients and fight for them. Law enforcement officers have important responsibilities to keep our communities safe and uphold the law, but one of the responsibilities of attorneys is to make sure officers do their job correctly. Josh considers it his job to hold them accountable for their actions. Josh is a person of deep faith. He knows that the established order of our universe and strength of America’s Judeo-Christian influenced court system is built on God’s word. His passion to serve each client with innovation, excellence and integrity is a byproduct of his faith. When asked why he became a lawyer, Josh says, “All through my life, I have personally witnessed family members and very close friends endure divorce, child custody battles, bankruptcy, civil lawsuits, and even fraudulent criminal accusations. I both saw and experienced the stress such events can place on an individual, and I realized that everyone, at some point in their life, needs hope, comfort, and encouragement. In each one of those situations, the person who was best situated to provide that vital support was their lawyer. So that’s why I became an attorney. I understand what you are going through, and I’m here to help you. Our office is focused on meeting your needs and guiding you through what may be the most difficult time of your life.” Education: Charlotte School of Law J.D., Magna Cum Laude Class Rank – 21 of 328 Associate Editor of Charlotte School of Law Law Review Certification and Concentration in Employment Law Phi Delta Phi International Legal Honor Society Order of the Crown Pro Bono Honors CALI Awards (Highest Grade)—Lawyering Process I and Contracts I Full Scholarship Gardner-Webb University B.S. in Accounting, Summa Cum Laude Distinguished Senior Student Award – Highest GPA Alpha Sigma Lambda National Honorary Society Bar Admissions: North Carolina State Bar