Legal Question in Legal Ethics in North Carolina
restraining order
can an attorney be disbarred if a restraining order is served against him?
Asked on 12/17/00, 12:37 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: restraining order
The question supplies insufficient information for a comprehensive answer.
Generally, an attorney being served with a domestic relations restraining order has done nothing which would warrant discipline by the bar association. Attorneys are people too, and getting into a divorce situation is simply human and not grounds for action against him/her.
If the underlying reason for the restraining order is a crime, or action which reflects upon the moral fitness of someone to practice law, however, then the situation could be different. It is the underlying reason for the RO which is important, however, not the RO itself.
Answered on 12/22/00, 9:06 am