How to File a Restraining Order in North Carolina
If you are experiencing any form of violence or threats jeopardizing your security, privacy and peace of mind in North Carolina or any other state, then understanding how to file a restraining order could come in handy.
However, filing a restraining order in North Carolina on your own is not easy. You have to fill out many forms, in some cases, hire a high-paid attorney, and prove that the abuser threatened you.
But you don't have to worry about these difficulties because DoNotPay can help you understand everything about restraining orders and show you how to get one.
What Is a Restraining Order?
Restraining orders are court orders that courts issue to protect individuals from harm after criminal proceedings. You may need a restraining order if:
- You are involved in domestic violence
- Someone stalks you
- Someone harasses you or puts you under duress
- Someone sexually assaults you
How Does a Restraining Order Work?
A restraining order prevents your abuser from doing specific activities, such as contacting you or visiting your workplace or home. If they breach the restraining order, it becomes a criminal offense. If the judge does not find the attackers guilty or acquits them, you might still obtain the order. This is because a restraining order serves as a deterrent and a safeguard.
How to File a Restraining Order in North Carolina by Yourself
In North Carolina, an abused person may file a restraining order to seek relief or protection from the abuser. In North Carolina, a restraining order is also known as a civil no-contact order. If you want to file for a restraining order in North Carolina, you have to fulfill the following requirements:
- You must fill out legal documents in as much detail as possible.
- You'll also have to go to a court hearing.
- You must provide evidence of domestic violence against the defendant.
- You must provide proof of sexual harassment and stalking that points at the abuser.
There are no costs associated with obtaining a protection order, and you do not need to hire an attorney. The following steps allow you to file for restraining orders in North Carolina on your own:
- Get the forms you require from the courthouse.
- Fill out the complaint completely, but don't sign it until you've seen a public notary or a court clerk.
- Complete the summons to assist the sheriff's office in locating your abuser.
- Make an application for a temporary protection order.
- Attend the court hearing and if rejected, apply for a petition through the clerk's office.
What Happens After I Get the Restraining Order?
After the hearing, you will get a permanent restraining order, known as a protective order. The order can stop your abuser from doing things like threatening you or approaching you within a specified distance. For instance, if you have a relationship with the abuser, the order may mandate the abuser to leave your joint home or pay for alternative accommodation for you.
How Long Does the Order Last and What Are the Penalties for Violations?
North Carolina's restraining order lasts for up to one year and is renewed at unlimited times for a good reason. The defendant will face 60 days of jail time if they do not have prior convictions or face six months if they have two prior convictions and violate a stay away position.
What Types of Restraining Orders Are in North Carolina?
Here is a list of restraining orders you can file in North Carolina:
|Domestic Violence Protective Order (DVPO or 50B)||Abused by current or former spouses or related persons, such as parents|
|Ex Parte Temporary Protective Order||The abused needs immediate protection from the abuser|
|Civil No-Contact Orders (50C)||Stalked, threatened or harassed by abusers|
|Civil No-Contact Orders for Sexual Assaults (50D)||A sex offender is convicted and provides life-long protection|
How to File a Restraining Order in North Carolina Using DoNotPay
Filing for a restraining order is a stressful and emotional procedure for many people. Having an experienced and caring family attorney on your side may relieve some stress by ensuring that all the paperwork is completed correctly and that a qualified expert presents your case in court.
However, attorneys will take some time and still cost you significant service charges for an easy process. Even if you fill out the forms on your own, you will still have to assemble evidence to prove the urgency of the order. This is where DoNotPay can help.
Apply for a restraining order with the following steps:
- Search for relationship protection on DoNotPay.
- Answer a few easy questions on our File a Restraining Order product.
- Submit the form and you're done!
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What Else Can DoNotPay Do?
DoNotPay can also help you with the following legal concerns and more:
- Compensation for crime victims
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