A protective order is a legal measure put in place to provide safety and protection to individuals who have been victims of domestic violence, harassment, stalking, or any form of abuse. In North Carolina, an Order Granting Protective Order is a specific legal document issued by the court that imposes certain restrictions on the person causing harm, with the intention of safeguarding the victim's well-being. It is crucial to understand the different types of protective orders available in North Carolina to fully comprehend the scope of their implications and the level of protection they provide. 1. Domestic Violence Protective Order (DVP): This type of protective order aims to protect individuals who are victims of domestic violence, including spouses, ex-spouses, current or former household members, children, or persons of the opposite sex who have a child in common. The order ensures that the offender is prohibited from further acts of violence or contact with the victim, and may include provisions regarding child custody, possession of firearms, financial support, and residence restrictions. 2. Civil No-Contact Order: This type of protective order is applicable in cases where victims have suffered harassment or stalking by someone who is not a family or household member. It provides legal protection and prohibits any form of contact or communication between the victim and the offender. 3. Cyberstalking Protective Order: With the advancement of technology, cyberstalking has become a prevalent issue. This protective order is specifically designed to protect victims who are subjected to harassment, threats, stalking, or unwanted online communication through electronic means. It prohibits the offender from accessing the victim's online accounts or platforms, contacting them through any digital medium, or sharing any personal information related to the victim. 4. Child Custody Order: Although not directly labeled as a protective order, a child custody order is a court order that determines the custody and visitation rights of parents or legal guardians. It typically includes provisions to protect the child's well-being and may impose restrictions on the parent's behavior, such as prohibiting contact with the child when under the influence of drugs or alcohol or restraining from certain actions that could endanger the child's safety. It is important to note that each type of protective order mentioned above serves a unique purpose but shares the common goal of ensuring the safety and well-being of the victim. A North Carolina Order Granting Protective Order is a crucial legal protection mechanism that aims to break the cycle of violence and provide victims with the necessary support and peace of mind to rebuild their lives.
North Carolina Order Granting Protective Order
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FAQ
Victims of domestic abuse or violence living in North Carolina can file for a temporary restraining order during their family law case. This is known as an ?ex parte temporary protective order,? which is designed to protect the victim from further harm or harassment.
A Domestic Violence Protective Order, often called a ?DVPO? or a ?50B order,? is a court order that requires a perpetrator of domestic violence to stay away from the victim. Law enforcement can arrest the perpetrator on the spot for violating the order.
Hear this out loud PauseA domestic violence protective order remains in effect until 1 of 3 things happen: (1) the charges are dropped by the prosecutor (called a nolle), (2) the charges are dismissed by the Court at trial; or (3) the court grants a motion for modification of the protective order prior to the conclusion of your case.
The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.
Hear this out loud PauseYou risk arrest for violating the restraining order if you go there by yourself, even using the civil standby process. Using a civil standby makes you vulnerable to more misdemeanor criminal charges.
A restraining order does not appear on a criminal background check. But it does appear on a civil background check. Most jobs require both checks and therefore will not allow someone with a restraining order against them.
Rule 65 of the Federal Rules of Civil Procedure governs injunctions and restraining orders. It sets specific requirements for two types of orders that courts may issue before a full trial on the merits: preliminary injunctions and temporary restraining orders (TROs).
A general criminal background check, like those done by employers, should not show a restraining order, as that is a civil matter. However, more in-depth criminal background checks, like those done for the military or security clearance, will show a restraining order issued against you.
Hear this out loud PauseConsult an attorney. Asking the court to change or terminate an order it has issued to protect a victim of domestic violence isn't a simple or easy thing. Because judges often are predisposed against dropping a no-contact order, having an attorney on your side can ensure the best arguments are made.
Hear this out loud PauseAn Order of Protection (also known as a restraining order) is a document issued by a court and signed by a judge to help protect you from harassment or abuse. It restricts someone who has abused a family/household member, spouse or partner in a dating relationship.
