Temporary Restraining Order Requirements In North Carolina
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FAQ
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.
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)
The time length of a temporary custody order will last between five months to an indefinite period based upon the circumstances.
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.
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.
The answer is relatively simple – the North Carolina General Assembly passed a law that says a person can seek a protective order under certain circumstances. The vast majority of these circumstances cover victims of domestic violence, victims of alleged stalking, nonconsensual sexual conduct, and workplace violence.
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.
You will need to fill out form AOC-CV-520, which is a Complaint for No-Contact Order for Stalking or Nonconsensual Sexual Contact, located here. In addition, you will need form AOC-CV-521. Although you can access these online, your local clerk's office should also have copies for you to fill out there as well.
