This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
To read the definitions of any harassment or cyberstalking crimes in your state, you can go to our Crimes page and enter your state in the drop-down menu. Threatening or harassing emails may also be a basis for a restraining order against the abuser.
Threatening or harassing emails may also be a basis for a restraining order against the abuser. To read about the types of restraining orders available in your state, select your state from the drop-down menu on our Restraining Orders page.
The answer is no, a restraining order itself does not show up on a North Carolina criminal background check report. Restraining orders are civil court matters, not criminal convictions. However, if someone violates the order, any resulting criminal charges like stalking or trespassing would appear on their record.
If you are facing severe online abuse, you may be able to request that a judge issue a restraining order to prevent the perpetrator from further harassing you. Restraining orders can provide a concrete remedy against persistent online abuse.
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 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. The plaintiff will be directed to go to the clerks counter to wait for the order.
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.
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 applicant has the burden of proving by a preponderance of the evidence that they qualify and need a protective order and the respondent (the person whom you are seeking protection against) has the opportunity to be heard as to why the restraining order shouldn't enter.