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North Carolina Order Renewing Domestic Violence Protective Order / Order Setting Aside Domestic Violence Protective Order

State:
North Carolina
Control #:
NC-CV-314
Format:
PDF
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Order Renewing Domestic Violence Protective Order / Order Setting Aside Domestic Violence Protective Order: 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.

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FAQ

If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to dissolve (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.

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.

Modifications: After the court has granted either the ex parte temporary protective order or long term protective order, if you want to change part of the order, you can file your request with the court. Only the judge has the power to modify the order.It is not valid unless it is written in a court order.

Typically, either the victim or the defendant can ask the court to lift the restraining order. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order. This legal motion must usually identify the parties.

Consult with a family law attorney experienced in defending people against false restraining orders. You must go to court for the final restraining order hearing and present your evidence proving why the accusations against you are false. The evidence can be police reports, witnesses, text messages and or emails.

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.

There are no costs involved in applying for a protection order, unless an attorney is used.Once a protection order is granted, it is valid until the victim withdraws it. If the perpetrator lodges an appeal, the order will continue to operate until it is cancelled by the appeal court.

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North Carolina Order Renewing Domestic Violence Protective Order / Order Setting Aside Domestic Violence Protective Order