How to File a Wake County Restraining Order in North Carolina

If someone has harmed you or if you have reason to believe that someone may cause you harm, then you need information that will tell you what you can do to protect yourself. If you need information about obtaining a Wake County restraining order, you've come to the right place.

DoNotPay understands your concern about ensuring the safety of yourself, and how you may even need protection that extends to a family member such as a child or an elderly parent. DoNotPay knows you probably have questions about how to get a restraining order, what kind of proof you'll need to obtain a restraining order in Wake County, and what happens if you get a restraining order against someone but they violate the order.

Reasons for Getting a Restraining Order

There are a variety of reasons why someone might want to obtain a restraining order against someone. Some of these reasons include:

• Physical and/or psychological abuse experienced by you or a family member
• Repeated harassment, threats, and/or stalking events by another person
• To prevent depletion of assets

Although these descriptions of abuse can occur in other types of relationships, the above types of events are often seen in domestic situations, especially if a couple is going through divorce proceedings. A soon-to-be ex-spouse may repeatedly threaten or cause physical harm to their former spouse and/or their children. They may deliberately deplete the financial assets once owned by both parties, to prevent their ex-spouse from having access to money or credit cards to buy food, pay the rent or mortgage, or pay for utilities, transportation, etc. Not having access to one's financial assets can make it very difficult to break away from an abusive relationship.

Although the above reasons may greatly motivate a person to want to seek protection through obtaining a restraining order, there are certain criteria that a person must meet to get a restraining order against someone. These criteria can vary from state to state, so it's important to understand what North Carolina, specifically, will allow.

How Will It Work if I Get a Restraining Order?

In general, each state has its own set of rules and laws as to what situations may allow a person to obtain a restraining order against someone else. In other words, a restraining order created in California, Florida, or Texas may not necessarily be supported in other parts of the country, including North Carolina.

If you want to get a Wake Forest restraining order or an order in Wake County, the process is essentially the same. You first must decide if you need a restraining order for a domestic (violence) issue or if you need a civil no-contact order. A civil no-contact order may be used in a situation where you are being repeatedly stalked and harassed by a neighbor, a stranger, or someone you know very casually.

You'll need to gather some information about the reasons why you want to obtain a restraining order. If you experienced an act of domestic physical violence, non-consensual sexual conduct, and/or stalking, you'll want to gather information such as:

• Medical records and/or photos of physical abuse
• Police reports
• Copies of text messages, emails, voicemails, etc. that present evidence of harassment, stalking, abuse, etc.

You are not required to have an attorney to file for a restraining order, nor are there any fees associated with filing for a personal protection order. However, there is a process associated with filing the proper legal documents with the court. The process for this is described in the next section below.

What Are Types of Restraining Orders in Wake County, North Carolina?

Below are the types of restraining orders (or, protective orders, as they are known in North Carolina), that you need to know about:

How to Obtain a Wake County Restraining Order on Your Own

If you need to file a domestic violence protection order in Wake County or a simple restraining order (50C order), take the following steps:

1. Gather your supporting paperwork, i.e., police reports, medical records, phone records, etc., and take them with you to the Wake County Courthouse located at 316 Fayetteville St, Room 527, 5th Floor Civil Clerk of Court, Domestic Violence Unit in Raleigh.
2. Ask for a domestic violence protection order (DVPO) or a 50C restraining order and complete one of these forms.
3. After you fill out one of these forms, a judge will ask you to the stand.
4. Next, you'll be sworn in and given an opportunity to testify about the details of your DVPO or 50C form.
5. If the judge rules in your favor, they will sign the paperwork, and the domestic violence clerk will make copies of your new restraining order and clock it in.
6. Once your restraining order is clocked in, it will be sent out to be served to the person (defendant) listed on the restraining order.

DoNotPay Can Help You File a Restraining Order in Wake County

Here’s how to apply for a restraining order with the help of DoNotPay:

1. Search for relationship protection on DoNotPay.

    

2. Answer a few easy questions on DoNotPay’s File a Restraining Order product.

    

3. Submit the form and you’re done.

    

And that’s it. DoNotPay will compile for you the forms you need to fill out and give you detailed instructions for how to file for a restraining order in your jurisdiction. Stay safe.

Moving Out of or Moving Into Wake County With Your Current Existing Restraining Order?

Enforcement of your restraining orders in or out of state is totally possible.

Enforcing Your DVPO or 50C Order in Another State

If you are moving out or going out of North Carolina, your DVPO is enforceable in another state so long as it meets the federal standards, as outlined in the Violence Against Women Act. This Act covers all valid DVPOs granted in the United States, and instructs that these be received by all state and tribal courts within the US (and US territories) in “full faith and credit.” Just make sure that your DVPO qualifies in the state you are moving into, or going to. DoNotPay can help with that.

Enforcing Your Out-of-State Order in North Carolina

If you are moving to, or going to North Carolina, your protection or restraining order can be enforced. All you need to do is to register your protection order, by first going to the Superior Court in your county, and bringing the following items:

• One (1) copy of your protection order
• A copy of the “Request and Affidavit to Register and Registration of Out-of-state Domestic Violence Protective Order” (AOC-CV-315)
• A copy of the “Identifying Information About Defendant Domestic Violence Action” (AOC-CV-312)

If you need assistance, DoNotPay can help you through the steps so you won’t be burdened by the complex process.

Other Helpful Resources

DoNotPay understands the process of ensuring your safety and perhaps the safety of your family members can be extremely stressful. This is why DoNotPay wants to give you additional tips and resources to help you navigate the process of obtaining an NC restraining order form, as well as inform you of other resources available to you.

1. If you think you or a loved one is in imminent danger, please call 911 for immediate assistance.
2. If you have questions about how a restraining order works, you can call the Wake County Sheriff's Victims Unit at 919-856-6816 or 919-856-5623.
3. You can also get more information by visiting the domestic violence clerk in Room 527 at the Wake County Courthouse, or by calling them at 919-792-4110.
4. You can also learn more about North Carolina protection orders and victims' rights by visiting here.
5. You may also receive help from InterAct, Wake County's provider of sexual assault and domestic violence services. Either click here to get to their website, or call them at one of their toll-free 24/7/365 crisis lines. If you need help because you've been sexually assaulted, call 866-291-0853, or call 866-291-0855, their crisis line for domestic abuse.