Motion to Renew or Set Aside Domestic Violence Protective Order Notice of Hearing: This is an official form from the North Carolina Administration of the Courts - AOC, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.
North Carolina Motion to Renew or Set Aside Domestic Violence Protective Order Notice of Hearing
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FAQ
SCANDALIZING THE AUTHORITY OF COURT:INTERFERENCE WITH THE COURSE OF JUDICIAL PROCEEDINGS:INTERFERENCE WITH THE ADMINISTRATION OF JUSTICE:
When someone violates a court order, the other person can file a motion asking the court to hold him or her in contempt. After the judge determines the order is valid and still in effect, a judge must be certain the purpose of the order may still be served by compliance with the order. NC Gen.
You cannot drop the charges, but as long as the judge believes that you are not being forced or coerced into dropping the No Contact order, he/she should drop it. Just go to the court that put the order in effect and ask the Clerk's office to pull the case and tell them what it is that you are seeking.
A no contact order usually instructs the defendant not to have any in-person contact with the alleged victim. The defendant is instructed to stay a minimum number of feet away from the victim's place of residence, employment and known areas that he or she frequents.
Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion filed, place the original in the Court file and return two (2) copies of the filed document to you.
You don't need an attorney to file a Motion for Contempt, but it is a good idea to have one. If you decide to represent yourself, you can go to the courthouse that made the order and ask for help at the Court Service Center.
DURATION OF DV NO CONTACT ORDER However, a no contact order cannot last longer than the criminal charge. If a charge is dismissed, the no contact order is no longer enforceable and it is terminated. A no contact order can also be terminated or modified while a criminal case is still open.
A no contact order can be filed in a civil clerk's office in the county where the alleged victim lives, where the alleged offender lives, or where the alleged sex crime occurred.
The laws on restraining orders and no-contact agreements vary by state, but the main idea is that no-contact agreements exist to punish someone who has already caused harm and to prevent further harm, whereas restraining orders exist to prevent someone from causing harm in the first place.
