Temporary Restraining Order Requirements In Mecklenburg
Description
Form popularity
FAQ
State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.”
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year.
Go to the courthouse for your county and see the clerk of civil court or the magistrate. Let them know you are filing a restraining order. You can also tell the office that you need to file for an emergency ex parte temporary protective order at this time.
If there is an urgent need for court intervention, a District Court can issue an Ex Parte Emergency Protective Order. These are temporary restraining orders issued by the court without notice to the aggressor because there is an immediate threat.
After the hearing, a judge can issue a protective order that lasts up to 18 months, and can later be renewed after a hearing in front of a judge. The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.
In North Carolina, citing evidence of stalking, sexual abuse, harassment, or an instance of domestic violence can also be valid grounds for a restraining order. The petition for the restraining order needs to accurately and specifically reflect these instances, or show grounds for fear of future occurrences.
