I feel that I was set up and provoked so my spouse could get control of property. DVO. Is this something the court would consider?

Yes. The court can consider the circumstances surrounding the incident, including what happened before the physical contact, whether a weapon was involved, the credibility of the witnesses, and whether any actions were taken in self-defense. However, simply believing that your spouse planned or provoked the confrontation does not automatically defeat a Domestic Violence Protective Order.

Based on the facts you describe, the sequence of events will be extremely important. You acknowledge slapping your stepson, but you also state that he produced a firearm and that you were attempting to take it from him. North Carolina's domestic violence statute specifically excludes acts of self-defense, so the court will need to determine what actually occurred and why.

A 50B proceeding can also temporarily affect possession of a residence. A judge may grant one party possession of the home and exclude the other party as part of a protective order. That does not, however, determine permanent ownership of the property. Who paid for the house or repairs may matter in a later property-division case, but it does not by itself determine who may temporarily occupy the residence under a protective order.

You should preserve any available evidence, including 911 recordings, photographs, videos, text messages, witness information, police reports, and evidence concerning the firearm. If criminal charges are also pending, speak with an attorney before making detailed statements about the incident because what you say in the 50B proceeding could affect the criminal case. Most importantly, comply strictly with any existing protective order unless and until the court changes it.