North Carolina provides two different civil types of no-contact or restraining orders to individuals who need protection from an aggressor. The difference in these legal actions depends mostly on the victim’s relationship with the abuser. In most cases, references to a “restraining order” actually mean a domestic violence protective order (DVPO).
A DVPO can require an aggressor to move from a shared home, cease engaging in threatening activities, cut off all communication with the victim, turn over their weapons and concealed carry permit to the Sheriff and or undergo counseling. It can also grant temporary custody of children and pets to the person who has been threatened or abused.
Restraining orders in North Carolina are granted for up to one year, but it is possible to extend a restraining order if needed. With the help of a family law attorney, you can extend an existing restraining order by following a few key steps.
Steps to Take to Extend a Restraining Order
Most of the steps to file a renewal are the same steps that were needed to obtain the original order. These steps include:
- Fill out the necessary forms
- Sign the complaint in the presence of a notary public or clerk of court
- Complete the summons and assist law enforcement with identifying the abuser
- Attend the hearing
You’ll want to file the petition of extension as far in advance of the original order expiring as possible. You will need to file the petition in the court where the restraining order was originally granted. A judge will evaluate the petition and decide whether an extension is warranted. If granted, the renewal can be valid for up to two years. A renewal of a restraining order can be based on nothing more than the abuser has followed the original order, no new acts have occurred, and the victim feels safe with the order in place and would request it to remain in place.
You can renew the order again as needed. However, if the original order awarded temporary custody of minor children, temporary custody may not be granted again. Under North Carolina law, temporary custody can only be given for up to one year. You will need to open a case in family court to ask for permanent custody of your children.
You can file the custody petition alone or along with the domestic violence protective order. If you are also seeking a divorce, you may file that paperwork at the same time when you have been separated from the other parent for at least 12 months.
The most difficult part of extending a restraining order may be proving there is a good reason for a renewal. There doesn’t have to be a new incidence of violence to have an extension approved, but the petitioner does need to show “good cause.”
What are the legal grounds for a restraining order?
To be granted a renewal, there must be a personal relationship — not necessarily marriage or cohabitation — between the victim and the aggressor. You must be able to prove past instances of domestic violence, such as sexual abuse, physical abuse, or threats, and that you have a reason to fear for your safety or the safety of your minor children.
In the case of a 50C civil no-contact order, it is necessary to show past instances of stalking or harassment, as well as fear for your safety or the safety of minor children.
While it’s not legally required to hire an attorney to file or renew a restraining order, the process can be complicated and emotional. Having a lawyer advocating for you can significantly relieve stress and gives you the best chance of securing a positive outcome.
Consulting a Family Law Attorney Is Essential
If you are seeking a restraining order as a victim of domestic violence, you may feel as though you are alone; rest assured, however, that you are not. The experienced legal team at Patrick, Harper & Dixon is in your corner. Contact us today to find out how our family law attorneys in Hickory, NC, can protect both your family and your future.