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:
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.
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.
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.
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.
To receive a restraining order in North Carolina:
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.
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