Wake North Carolina USLegal Guide on Restraining Orders and No Contact Orders

State:
Multi-State
County:
Wake
Control #:
US-GDE-09
Format:
Word; 
Rich Text
Instant download

Description

This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.

Wake North Carolina Legal Guide on Restraining Orders and No Contact Orders is designed to provide comprehensive information and guidance on seeking and understanding restraining orders and no contact orders in Wake County, North Carolina. This guide aims to inform individuals about the legal process, forms, and requirements related to these types of protective orders. Restraining orders and no contact orders are legal tools available to individuals who have been or are being harassed, stalked, threatened, or physically abused by another person. These orders serve to protect the victim and establish boundaries that the offender must adhere to under penalty of law. Wake County offers specific guidelines and procedures for obtaining these orders to ensure the safety and well-being of its residents. The Wake North Carolina Legal Guide provides detailed information on various types of restraining orders and no contact orders available in this jurisdiction. Some common types of orders individuals can seek include: 1. Domestic Violence Protective Orders: Victims of domestic violence can receive protection through these orders, which prohibit the offender from contacting or approaching the victim, their residence, workplace, or other specified locations. 2. Civil No Contact Orders: These orders primarily address situations where an individual has been a victim of non-domestic violence, such as harassment, stalking, or sexual offenses. The order restricts the offender's contact with the victim. 3. Emergency Protective Orders: In cases of immediate danger, law enforcement officers or judges can issue these orders, providing temporary protection until a more comprehensive order can be obtained. 4. Ex Parte Orders: When the victim believes that an urgent situation requires immediate protection, they can seek an ex parte order. This order is granted without a court hearing and provides temporary relief until a permanent order can be sought. The Wake North Carolina Legal Guide also provides step-by-step instructions on how to obtain these orders, including the necessary forms, documents, and evidence that must be presented to the court. It explains the criteria that need to be met for the order to be approved, including evidence of violence, threats, or harassment. Moreover, the guide addresses the legal rights and responsibilities of both the victim and the respondent during the process. It offers details on how to properly serve the orders to the offender and what steps to take in case of violation or non-compliance. By providing a comprehensive understanding of restraining orders and no contact orders in Wake County, this Legal Guide aims to empower individuals who are facing abusive or threatening situations and help them navigate the legal process effectively and ensure their safety.

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FAQ

If you want to drop your restraining order, you need to go back to the court that issued your order and fill out a request (motion) to dismiss the order. You may have to talk to the judge and tell him/her why you want to drop the restraining order.

Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.

Many public records are already available online and accessable without making a public records request. Court Records - for criminal and civil cases, police reports and traffic citations, contact the NC Judicial Branch or Clerk of Court in the county where the citation was issued.

Whether a restraining order from a North Carolina court, another state court, or a Native American tribal court, violating the 50B in North Carolina can result in a Class A1 misdemeanor punishable by up to 150 days (5 months) in jail.

You can ask for a civil harassment restraining order if you are being harassed, stalked, abused, or threatened by someone you are not as close to as is required under domestic violence cases, like a roommate, a neighbor, or more distant family members like cousins, aunts or uncles, or nieces or nephews.

It is also important to note that even though protective orders do not show up on criminal records, court proceedings and petitions are a matter of public record, so someone looking into the matter could potentially discover it.

Ask your local court clerk if there are local forms you have to fill out. Some courts also have forms on their website. Find your local court's website. If your court's self-help center helps people with civil harassment restraining orders, ask them to review your paperwork.

For trial courts, not including the NC Business Court, dockets are not available online. To access these, contact the clerk of court for the specific county. There are computer terminals designated for finding civil and criminal court dockets.

If the party who filed for the restraining order does not attend the hearing, the temporary restraining order will be terminated that day. At the hearing, the judge will hear testimony from both parties and possibly any witnesses.

Anyone seeking such an order must be prepared to present some evidence in addition to their own written statements and testimony in Court. This standard means that the Court must see photographs, text messages, e-mails or any other physical evidence that can support claims made by the Petitioner.

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Wake North Carolina USLegal Guide on Restraining Orders and No Contact Orders