Obtaining a restraining order can protect you from further acts of abuse or harassment when you’ve experienced domestic violence, sexual abuse, or stalking. If you have questions about your legal options or need help securing a restraining order, let the team at Patrick, Harper & Dixon, LLP, advocate for your interests. For nearly eight decades, our firm has served the people of Hickory, NC, by providing dedicated legal advocacy to those in need. Contact us today for an initial case evaluation to discuss your legal options with a knowledgeable and compassionate domestic relations attorney.
Types of Restraining Orders
In North Carolina, courts can issue various types of restraining orders. Restraining orders typically fall into two categories: domestic violence protective orders and civil no-contact orders. A court may issue a domestic violence protective order, also called a “50B order,” in cases involving domestic violence, as defined by North Carolina law. Domestic violence occurs when someone with whom you have a “personal relationship” causes or attempts to cause you or your minor child injury, places you or a member of your family or household in fear of imminent severe injury, or commits harassment or specific sexual offenses. Personal relationships include:
- Spouses or ex-spouses
- People who have a child in common
- Current or former household members
- People with a current or former dating relationship
- Parents, children, grandparents, and grandchildren
If a perpetrator and victim of abuse do not have a personal relationship, the victim can seek a civil no-contact order, also called a “50C order.” Courts frequently issue 50C orders to protect people from unwanted sexual contact or stalking by someone such as an acquaintance, neighbor, co-worker, or stranger.
Courts can issue temporary restraining orders after a person files a complaint or petition seeking one if the court believes the person faces an imminent threat of abuse or injury. Temporary restraining orders last until the court can hold a formal hearing, usually within seven to 10 days. After holding a hearing, a court may issue a final restraining order, which typically lasts for up to one year. However, an abuse or stalking victim can request an extension under certain circumstances.
Grounds for Obtaining a Restraining Order
You may obtain a restraining order if you can prove that someone with whom you have a personal relationship committed an act of domestic violence or that they engaged in non-consensual sexual conduct or stalking. Furthermore, you must prove that you fear future harm, abusive or harassing conduct, or threats to your safety by the accused.
How to Obtain a Restraining Order
You must file the appropriate petition paperwork to obtain a restraining order at your local county courthouse. The court has different paperwork for domestic violence and no-contact civil orders. When filing your paperwork, you can also request an emergency temporary restraining order, which the court can issue the same day you file your complaint. Do not sign your complaint until you can go before a notary public or the court clerk.
After submitting your complaint to the court, the county sheriff will serve a copy of the complaint and a civil summons to your abuser or stalker. You can help facilitate service of process by providing information to help the sheriff’s office locate and identify your abuser or stalker, including providing residential address information, the location of their workplace, their vehicle information, their driver’s license or Social Security number, and their physical description.
The court will usually schedule a hearing within seven to 10 days after you file your complaint. You and your abuser or stalker must both attend the hearing. You can also have an attorney to represent you at the hearing. The hearing represents your opportunity to present the court with evidence and testimony to prove that a predicate act of domestic violence, non-consensual sexual contact, or stalking occurred and that you feature similar acts may occur in the future.
What Happens After the Court Issues a Restraining Order
After the court issues a restraining order in your domestic violence case, law enforcement will serve a copy of the order on the accused so they understand their restrictions. You should also obtain a copy of the order to know what the accused can and cannot do so you can report suspected violations to law enforcement and the court if necessary.
Enforcing and Modifying Restraining Orders
Once the court issues a restraining order against your partner or family member, they must follow the order’s restrictions to the letter. When your partner or family member violates the terms of your restraining order, you should report the violation to law enforcement and the court as soon as possible. The police may arrest your partner or family member for their conduct, and the court will hold a violation hearing to determine what sanctions to impose for the violation. Consequences for violating a restraining order include fines, jail time, or modifications to the restraining order.
When your or your family’s circumstances change, you can ask the court to modify your restraining order accordingly. For example, suppose you feel threatened by your partner’s or family member’s conduct that does not violate the current terms of the order. In that case, you might ask the court to modify the restraining order to prohibit such conduct. You might also update your restraining order when you move or change jobs to update locations where the accused should not go.
How Can an Attorney Help You Obtain a Restraining Order?
An experienced attorney from Patrick, Harper & Dixon, LLP, can help you protect your safety by assisting you through the court process to obtain a restraining order. Our firm will guide you through each step of your case by:
- Sitting down with you to listen to your story
- Thoroughly investigating your claims to find evidence needed to prove your case
- Determining the type of restraining order you need and helping you complete the appropriate paperwork
- Representing you in court and vigorously advocating on your behalf to secure a positive outcome for you
Contact Our Firm Today
When a partner or family member has committed domestic violence against you in Hickory, NC, a restraining order can provide the security and peace of mind you need. Contact Patrick, Harper & Dixon, LLP, today for a confidential consultation with a family law attorney to learn more about North Carolina restraining orders and get help pursuing the protection you deserve.
