Key Takeaways
- Two Courts, Two Battles: A domestic violence dispute puts you in two different courts at the exact same time. You face criminal charges in one court, and a battle for your kids in family court.
- Fast Changes to Custody: If a judge signs a 50B Domestic Violence Protective Order, you could instantly lose the right to see your children or even live in your own house.
- The “Best Interest” Rule: Family court judges always look at what is safest for the child. A domestic violence charge makes the judge worry that the children are in danger.
- Supervised Visits: Even if you do not lose custody forever, the judge might force you to only see your kids while a social worker or another adult watches you.
- You Need a Double Threat: You cannot just hire a criminal lawyer, and you cannot just hire a divorce lawyer. You need someone like Micah Huggins who handles both areas of law to protect your whole life.
When the police show up at your house during a family argument, everything happens so fast. The flashing lights are blinding. Your neighbors are looking out their windows. Before you can even explain what happened, you are in handcuffs.
But as you sit in the back of the police car, you are not thinking about jail. You are thinking about your children. Your very first thought is: Will they take my kids away?
Hello. My name is Attorney Micah Huggins. I am the founder of Huggins Law Firm, P.C.. We have been serving folks in our community for over a decade. We are highly rated, and we have won multiple awards. But those trophies do not matter when your family is falling apart. What matters is keeping your children safe and protecting your rights as a parent. We proudly represent the accused and the heartbroken in Greensboro, Graham, Burlington, Asheboro, High Point, Kernersville, and Winston-Salem.
Our firm was built on a very simple slogan: Justice with Integrity. Representation with Heart. At Huggins Law Firm, we believe that great representation goes beyond knowing the law. It is about standing up for people when the stakes are high, when the odds are heavy, and when the system feels totally overwhelming.
Founded by me, Attorney Micah E. Huggins, the firm was built on a simple conviction: every single client deserves clarity, compassion, and a champion in their corner. Whether you need help with a criminal defense case, a Family Law matter, Estate Planning, or Personal Injury, we bring the exact same level of preparation, precision, and purpose to every case we handle.
We do not just file motions or show up in court. We fight with strategy, we counsel with empathy, and we work to restore what has been lost — your dignity, your stability, or your peace of mind.
Today, we are talking about the scariest crossover in the legal world: when a criminal charge threatens your child custody. Let’s break down exactly what happens and how you can fight back.
Why Are Domestic Violence Charges So Serious in Guilford County?
If you feel like the police and judges in our area are acting extremely harsh, you are not wrong. They are under a lot of pressure to stop domestic violence.
I want to share some crazy statistics with you that very few people are talking about. According to recent reports from the Greensboro Police Department and local news, domestic violence is surging in our area. The police chief recently stated that domestic violence aggravated assaults jumped by a staggering 40% in just one year!
Even scarier, nearly 1 out of every 4 homicides in Greensboro is tied to a domestic dispute. Because of these terrifying numbers, the police do not take chances. When they get called to a house for an argument, they usually arrest someone. They let the Guilford County Court System sort out the truth later.
This means that even if the argument was just a big misunderstanding, you are thrown into the system. And the moment you are in the system, your custody rights are on the line.
What Is the Difference Between a Criminal Charge and a 50B Protective Order?
This is where things get really confusing for parents. When a domestic dispute happens, you usually have to fight two totally different battles.
1. The Criminal Charge
If the police arrest you, you will be charged with a crime like “Simple Assault” or “Assault on a Female.” This case goes to criminal court. The prosecutor is trying to put you in jail, give you probation, and give you a permanent criminal record.
2. The Civil 50B Order
At the exact same time, your spouse or partner can run to the family courthouse. They can ask a judge for a “Chapter 50B Domestic Violence Protective Order” (also called a DVPO or restraining order). This is not a criminal charge. It is a civil court order to keep you away from them.
Here is the problem: The 50B order is where you lose your kids.
How Does a Domestic Violence Arrest Affect Child Custody Immediately?
If your ex-partner asks for a 50B protective order, the judge can sign it instantly. This is called an “ex parte” order. That means the judge signs it without even hearing your side of the story!
If the judge signs that order, it changes your life that very second. The judge can order you to:
- Move out of your own house immediately.
- Hand over all your firearms to the sheriff.
- Stay 500 feet away from your ex-partner.
- Stay completely away from your children.
Just like that, you are legally blocked from seeing your kids. The judge can give temporary emergency child custody to the other parent. You cannot call your kids. You cannot go to their school. You cannot see them on the weekends. If you break this rule, you will be thrown in jail for violating the order.
How Does the Judge Decide Long-Term Custody After a Domestic Violence Arrest?
The emergency 50B order only lasts a few days until you have a real hearing. At that hearing, you get to tell your side of the story. But even if the 50B is dropped, the domestic violence charge will hang over your head in regular family court.
In North Carolina, family court judges use one golden rule to decide who gets custody: The Best Interest of the Child. The judge looks at everything to figure out what is safest and healthiest for the kids. According to national experts, up to 20% of all children are exposed to domestic violence every single year. The judges know this data. They know that kids who see violence at home struggle in school and have emotional trauma.
So, if you have a domestic violence charge, the judge will naturally assume that your home is not safe. The judge might think:
- You have a bad temper.
- You might hurt the children next.
- You are setting a bad example.
Under North Carolina law (NCGS 50-13.2), if the judge finds that domestic violence happened, they are legally required to consider it when deciding custody. It gives the other parent a massive advantage.
Can I Still See My Kids if I Have a 50B Order Against Me?
Yes, but it might be very restricted.
The judge does not want to tear families apart forever. If the judge believes that the children are not in direct physical danger from you, they might still let you see them. But they will set strict rules.
The judge might order Supervised Visitation. This means you can only spend time with your children while a neutral third party watches you. This could be a trusted grandparent, a social worker, or a trained professional at a special visitation center.
The judge might also force you to attend anger management classes or take a batterer intervention program before you can get normal custody back.
How Can Attorney Micah Huggins Protect Your Family?
When you are facing criminal charges and a custody battle at the same time, you are in the fight of your life.
Many people make a huge mistake here. They hire a lawyer who only does criminal law. The criminal lawyer gets the charges dropped, but they do not know how to help in family court. So, the parent still loses their kids! Or, they hire a lawyer who only does divorces. The divorce lawyer helps with custody, but leaves the parent to go to jail in criminal court.
At Huggins Law Firm, we are a holistic team. We handle both criminal cases and Family Law cases. We bridge the gap.
We look at the whole chessboard.
- In Criminal Court: We fight the police evidence. We show the prosecutor that the argument was exaggerated. We push to get the charges dismissed or reduced so you do not get a permanent record.
- In Family Court: We take that victory from criminal court and use it to defend your rights as a parent. We prove to the family judge that you are a loving, safe parent who deserves joint custody.
We counsel with empathy. We know your heart is breaking for your kids. We work to restore your stability and bring your family back together.
10 of the Most Common Questions Asked About Custody and Domestic Violence in NC
When parents call our office in a panic, they ask a lot of questions. Here are the top ten questions people ask us about custody and domestic violence, answered in plain English.
1. Does a domestic violence charge automatically make me lose custody?
No, it is not automatic. The family court judge has to look at all the facts. But it makes your custody case much, much harder. You have to prove that you are not a danger to the kids.
2. What happens if my ex lied to the police to get full custody?
This happens all the time. Angry partners will sometimes lie and claim domestic violence just to win a custody battle. This is called a false allegation. We fight this by pulling text messages, getting witness statements, and tearing apart their lies in court.
3. Can I still pay child support if a 50B order keeps me away?
Yes. A 50B order might keep you away from the kids, but the judge will still order you to pay child support. You still have a financial duty to your children.
4. Will the judge talk to my kids about the domestic violence?
Sometimes. If the children are old enough and mature enough, the judge might speak to them privately in chambers to ask what they saw and who they want to live with.
5. What is a Guardian ad Litem (GAL)?
If the custody case gets really messy because of abuse claims, the judge might appoint a Guardian ad Litem. This is an independent person whose only job is to investigate the family and tell the judge what is best for the kids.
6. Do I lose my gun rights during a custody battle?
If the judge signs a 50B Domestic Violence Protective Order, yes. You must surrender your guns to the sheriff. If you are convicted of a misdemeanor domestic violence crime, federal law takes your gun rights away forever.
7. Can CPS (Child Protective Services) take my kids away?
Yes. If the police arrest you for domestic violence, they often call the North Carolina Department of Health and Human Services (NCDHHS) to report the abuse. CPS will investigate to see if the home is safe. We deal with CPS investigators to protect your rights.
8. Does a domestic violence charge affect my divorce?
Yes. North Carolina has a rule called “marital misconduct.” If you are found guilty of domestic violence, the judge can use that against you when dividing your property or deciding if you have to pay alimony.
9. Can I ever get normal 50/50 custody back?
Yes! If you follow the court’s rules, complete any required anger management classes, and show a long period of good, safe behavior, we can file a motion to modify custody and get your normal parenting time back.
10. How much does a lawyer cost for criminal and family court?
Every case is unique. A simple argument is cheaper to fix than a massive divorce and a felony trial. At Huggins Law Firm, we are always honest about our prices. We will tell you the exact cost upfront so you can plan for your family’s future.
Do Not Let the System Tear Your Family Apart
A domestic violence charge is a crisis that attacks your freedom and your family at the exact same time. You cannot fight this battle alone. The courts move fast, and if you wait too long, the damage to your custody rights might be permanent.
At Huggins Law Firm, P.C., we stand ready to defend you. We will listen to your story, explain your options clearly, and work tirelessly to protect your relationship with your children.
If you are facing legal trouble in Greensboro, High Point, Graham, Burlington, Asheboro, Kernersville, or Winston-Salem, reach out to us today.
Visit our home page to learn more about how we can help you. Justice with Integrity. Representation with Heart. We are in your corner. Let’s start building your defense today.
