Proof and Documents Needed for Filing a Restraining Order in North Carolina
What Justifies a Restraining Order in North Carolina?
A restraining order is a court order that helps keep you safe from harm by offering legal protection from abuse or harassment. In North Carolina, the following are grounds for seeking and receiving a restraining order:
- Physical abuse
- Threats of physical violence or intimidation tactics
- Sexual harassment
- Sexual abuse
- Stalking, including cyberstalking
- General harassment, including the purposeful cause of emotional distress
- Anything that puts you in reasonable fear for your life or well-being or makes you believe your children are in danger
What Is the Difference Between a 50B and a 50C Restraining Order?
A 50B restraining order is also known as a Domestic Violence Protective Order, or DVPO. This restraining order can only be filed against someone with whom you have a familial or personal relationship. For example, you would use a 50B restraining order if the person who abused you was a parent, grandparent, child, spouse, a member of your extended family, or someone you had a child with.
On the other hand, a 50C restraining order is also known as a Civil No-Contact Order. This restraining order protects you against harassment or unwanted sexual conduct from anyone, regardless of your relationship or lack thereof. A 50C restraining order doesn’t require bodily injury and can be filed against neighbors, coworkers or even strangers.
Who Can File a Restraining Order?
Anyone can file a 50C restraining order. However, a 50B restraining order can only be filed if you have a qualifying relationship with the other individual. This includes any intimate or familial relationships. A dating relationship falls under this category, and roommates would also qualify.
How Long Is a Temporary Restraining Order in North Carolina?
If you’re granted a temporary restraining order, it lasts for 10 days from the time it’s filed. To be legally protected after the temporary restraining order, you have to ensure you attend the final hearing.
What Documents or Proof Do You Need for a Restraining Order in North Carolina?
To receive a restraining order, you need to prove there’s just cause. In other words, you need to show the judge the defendant has seriously impacted your life and you require protection for your safety. Technically, there are no document or proof requirements. However, in cases where little to no evidence is provided, you aren’t likely to receive a final restraining order.
It’s crucial you gather as much proof as possible to make your case before the judge. Examples of proof include photos, videos, medical documentation, text messages, voicemails and police reports. Witnesses to the abuse or harassment who are willing to testify for you are also helpful.
What Is the Process of Filing a Restraining Order in North Carolina?
To receive a restraining order in North Carolina:
- Go to your local courthouse and get the necessary forms.
- Fill your complaint out in detail.
- Complete the summons.
- Give information to the sheriff so they can identify the person to be restrained.
- Attend a hearing and receive your final verdict from the judge.
Get Help With Your Restraining Order Today
It’s important to understand that this article doesn’t constitute specific legal advice for your case, but rather provides general information about restraining orders in North Carolina. It’s important to speak with an experienced domestic violence attorney about the specifics of your case.
If you need help with a restraining order or associated domestic violence case, reach out to Freedom Law | North Carolina to tell our attorneys more about your case and find out how we can help you.