How to get a permanent restraining order issued

How You Can File a Restraining Order in North Carolina

In Family by Greensboro Attorney

You have the power to stop any form of abuse, whether it’s verbal, physical, or sexual, from a spouse, parent, kid, dating partner, or acquaintance. A restraining order could be a crucial step in this direction. While the word “restraining order” is often used, the correct legal title in North Carolina is a Domestic Violence Protective Order.

While a protective order can be filed for on your own, it is considerably easier if you have an experienced family law attorney on your side. 

In North Carolina, a restraining order may be filed by any person who feels threatened. Our lawyers typically assist clients in obtaining one of two sorts of protective orders, the type you file for being determined by the specifics of your case.

Domestic partners and family members can seek protection from their abusers by obtaining a Domestic Violence Protective Order. The abuser may be required by these orders to vacate the home you share or to make alternate housing arrangements for you. Temporary child and pet custody orders, as well as temporary spousal and child support obligations, might be issued by the court. These orders can stop your abuser from doing things like threatening you, coming within a particular distance of you, or buying a gun. An abuser may be ordered into therapy or treatment as part of a DVPO. A judge may even order your abuser to pay your legal bills in this situation. 

Domestic partners and family members can seek protection from their abusers

What Evidence Is Needed to Obtain a Protective Order?

A temporary protective order, also known as an ex parte order, can be obtained promptly after filing a complaint. After 10 days, you’ll have to make a court visit to get a permanent restraining order issued.

Permanent protection orders need proof of one of the following acts:

  • Abuse within the home.
  • Sexual activity without consent.
  • Stalking.

We recommend setting up a meeting with one of our attorneys if you need help determining the evidence you will need to present to obtain a restraining order.

How Much Does Filing a Restraining Order in North Carolina Cost?

You don’t need an attorney to file for a protective order, and there are no costs associated with doing so. However, in order to obtain a protective order, you must fill out paperwork thoroughly. You’ll also need to present proof in court that the defendant’s actions are bad enough to warrant a restraining order being issued.

People often feel anxious and overwhelmed by the possibility of having to file for a restraining order. Knowing that all the paperwork is being handled properly and you have a qualified expert presenting your case in court can be a huge relief while working through a family law matter on your own, so don’t hesitate to hire an experienced and sympathetic family law attorney to represent you.

Please don’t hesitate to contact us in case you have any concerns about your safety or require guidance in obtaining a restraining order.

Simple Steps for Filing a Protection Order

To get a Civil No Contact Order or Domestic Violence Protective Order, you must follow these six basic procedures. Contact Charles R. Ullman & Associates to talk to a knowledgeable family law attorney if you need assistance at any time during this procedure.

Get the paperwork you need from the courthouse first. The Court for the State of North Carolina maintains a database of county courthouses.

Visit the magistrate’s or civil court clerk’s office. Inform them that you intend to seek legal protection in the form of a Civil No-Contact or Domestic Violence Protection Order. Explain that you have an emergency and require an ex parte or interim protection order, and the office will help you do so.

Assistant clerks and deputy clerks will be of assistance to you. They should see to it that you have access to the necessary paperwork. Both the Domestic Violence Protection Order and the Civil No-Contact Order complaint forms are available for download in advance.

Secondly, carefully complete the complaint, but wait to sign it until you’re in the presence of a court clerk. This is a civil case in which you, as the victim, serve as the plaintiff and the abuser, as the defendant.

Give a succinct account of the most recent abuse you’ve experienced. Don’t be vague; instead, give exact examples. Tell us if someone grabbed you, hit you, kicked you, or threatened you with violence. Provide dates, please. To the best of your knowledge, please specify whether or not your abuser has access to firearms.

Make a court visit to get a permanent restraining order issued

Providing the judge with a detailed account of the abuse is crucial. Furthermore, you need to explain to the judge what kind of remedy you’re requesting. Do what you can to get interim custody of the kids if necessary.

Thirdly, fill out the summons to aid the sheriff’s office in finding your abuser. Your abuser must be served both the complaint and a civil summons to appear in court. The abuser’s address, name and other information should be included in the summons, if known.

The abuser will be served the complaint and summons by the county sheriff’s office. The sheriff’s office will also deliver the ex parte/temporary protection order and the notice of hearing.

Apply for a temporary or ex parte protection order. Complaints and summonses for ex parte or interim protective orders can be filed at the same time. Ex parte implies “in the absence of the other party.” This means that the perpetrator need not be present at the court in order for you to secure this injunction.

In order to request this, simply tick the appropriate option on the form. Next, you’ll need to appear in court and convince the judge that you or your children are in imminent danger. This is a critical directive. It goes into effect as soon as it’s issued and normally lasts for a week and a half.

Be there at the hearing. The hearing on your protection order will be scheduled at the time you file the complaint and summons. This information will be included in the hearing notice that your abuser will receive. If you file a complaint, you should expect a hearing date within 10 days.

Have the order extended or renewed (if required). After a protection order is issued, the protected party has one year to move out of the area. However, the order might be renewed if necessary.

Our Domestic Violence Lawyers Are Here to Assist You

Unfortunately, domestic abuse is more prevalent than most people realize. We will assist you to gain a protective order issued in Greensboro, NC if you have been the victim of domestic abuse. Because domestic abuse cases frequently involve both criminal and family law, you can rest assured that our firm is well-versed in both areas of law and can handle anything related to domestic violence. Please visit this link for additional information about domestic violence and how you can get help: