A North Carolina Protective Order — Civil Trial is a legal procedure designed to protect individuals from domestic violence, stalking, harassment, or other forms of harm. It is a court order that aims to maintain safety and restrict contact between the parties involved. In North Carolina, there are different types of protective orders available, each serving specific purposes: 1. Domestic Violence Protective Order: This type of order is requested by individuals who are victims of domestic violence perpetrated by a current or former spouse, family member, or someone with whom they have had an intimate relationship. A Domestic Violence Protective Order restricts the abuser from contacting or approaching the victim and can include provisions related to custody, support, and possession of property. 2. Civil No-Contact Order: A Civil No-Contact Order is requested in cases of non-domestic situations where there is a pattern of stalking, harassment, or unwanted contact. It can be sought by anyone who is being victimized, regardless of the relationship with the abuser. This protective order prohibits the abuser from contacting the victim and may also address issues such as staying away from their home, workplace, or school. 3. Cyberstalking Protective Order: With the rise of technology and online harassment, North Carolina also offers a specific protective order for cyberstalking. This order applies when the victim is subjected to harassment, intimidation, or threats through electronic means, including social media platforms, emails, or text messages. The process of obtaining a protective order involves filing a petition with the court and providing evidence of the harmful behavior. It is essential to have thorough documentation, such as police reports, witnesses' statements, or any other evidence supporting the need for protection. The court generally grants a temporary protective order until a hearing can be held to evaluate the evidence and determine if a permanent order is warranted. When a protective order is granted, it is crucial for the victim to keep a copy with them at all times, as well as providing law enforcement agencies and key individuals, such as employers or school authorities, with a copy of the protective order. Violating a protective order is a serious offense and can result in arrest and criminal charges. Ultimately, a North Carolina Protective Order — Civil Trial provides a legal framework to ensure the safety and well-being of individuals who are at risk of harm, allowing them to retain control over their lives and seek assistance from legal authorities in enforcing the order.
North Carolina Protective Order - Civil Trial
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FAQ
A Criminal Background Check includes checking each of the following: Federal and North Carolina State Fingerprint Databases. National and North Carolina Sex Offender Registries. NC Administrative Office of the Courts (AOC) database for state name check.
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.
North Carolina law bans employers from inquiring about an applicant's expunged criminal history, including arrests, charges and convictions. A job applicant in North Carolina also does not have to disclose any expunged criminal history in answering questions on a pre-employment screening questionnaire.
Strictly speaking, a restraining order will usually not appear on a regular criminal background check. Because the order itself is only a civil matter with potential criminal penalties, it will not appear on a report containing only convictions.
Violating a Court Order Penalties In North Carolina, violating a valid restraining order is a Class A1 misdemeanor punishable by up to 150 days in jail, depending on the person's prior criminal record. Further violations of the protection order can increase the penalties significantly.
A DVPO is not a criminal conviction and does not appear on the defendant's criminal record. However, all documents filed in the case are public record.
At this trial, both parties can present evidence to show the defendant did, or did not, commit acts of domestic violence against the plaintiff. If the judge awards the 50B domestic violence protective order, they will require the defendant to stay away from the plaintiff.