File A Restraining Order In Nc
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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.
You can file a police report to document your stalking, which will help build a case against your stalker should criminal charges apply. With help from your stalking attorney in North Carolina, you may also be able to secure a Domestic Violence Protection Order (DVPO) or a civil no-contact order.
On the hearing date, the judge will ask the defendant if they consent to the order. If the defendant does not consent, and the plaintiff wishes to move forward with the permanent order, the judge will hold a trial to determine if the order should be granted.
Rule 65 Injunctions, under the North Carolina Rules of Civil Procedure, cover both preliminary injunctions and temporary restraining orders (TRO). The Burden of Proof, who carries that Burden, and the type of evidence necessary to prove the allegations, differs between criminal charges and a civil, domestic proceeding.
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.