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Sample Motion For Temporary Restraining Order In North Carolina
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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.”
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.
TROs: A TRO can be requested if immediate harm or danger is shown. Preliminary Injunctions: These are used in serious cases where the harm to the plaintiff is significant and immediate, and the other party is not greatly affected.
To obtain a TRO, a party must convince the judge that they will suffer immediate irreparable injury unless the order is issued. If the judge is convinced that a temporary restraining order is necessary, they may issue the order immediately, without informing the other parties and without holding a hearing.
A Temporary Restraining Order (TRO) is when a judge orders a party to do or not do something for a specific period of time. Examples of a TRO include: Staying away from and/or having no contact with you, including neighbors, co-workers, friends, family, and landlords or tenants.
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.
To take out a 50B, you must have a personal relationship with the defendant. This personal relationship is often a family member, a member of your household, or someone you are in a romantic relationship with. 50Cs are against a defendant with whom no such relationship exists.
The temporary order will only last until a hearing on your final order, which will usually take place within 10 days, or within seven days of the date your abuser is served with the temporary order, whichever is later. The final restraining order will protect you for one year from the date of the order.
Here is how to file a restraining order. Go to the Courthouse and Obtain the Forms You Need. Complete the Complaint in Detail - Sign When You are Before a Notary Public or Clerk of Court. Fill out the Summons and Help the Sheriff's Office Identify Your Abuser. Attend the Hearing. Extend or Renew the Order (If Needed)