North Carolina Order Granting Protective Order
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How to fill out Order Granting Protective Order?
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FAQ
Victims of domestic abuse or violence living in North Carolina can file for a temporary restraining order during their family law case. This is known as an ?ex parte temporary protective order,? which is designed to protect the victim from further harm or harassment.
A Domestic Violence Protective Order, often called a ?DVPO? or a ?50B order,? is a court order that requires a perpetrator of domestic violence to stay away from the victim. Law enforcement can arrest the perpetrator on the spot for violating the order.
Hear this out loud PauseA domestic violence protective order remains in effect until 1 of 3 things happen: (1) the charges are dropped by the prosecutor (called a nolle), (2) the charges are dismissed by the Court at trial; or (3) the court grants a motion for modification of the protective order prior to the conclusion of your case.
The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.
Hear this out loud PauseYou risk arrest for violating the restraining order if you go there by yourself, even using the civil standby process. Using a civil standby makes you vulnerable to more misdemeanor criminal charges.
A restraining order does not appear on a criminal background check. But it does appear on a civil background check. Most jobs require both checks and therefore will not allow someone with a restraining order against them.
Rule 65 of the Federal Rules of Civil Procedure governs injunctions and restraining orders. It sets specific requirements for two types of orders that courts may issue before a full trial on the merits: preliminary injunctions and temporary restraining orders (TROs).
A general criminal background check, like those done by employers, should not show a restraining order, as that is a civil matter. However, more in-depth criminal background checks, like those done for the military or security clearance, will show a restraining order issued against you.
Hear this out loud PauseConsult an attorney. Asking the court to change or terminate an order it has issued to protect a victim of domestic violence isn't a simple or easy thing. Because judges often are predisposed against dropping a no-contact order, having an attorney on your side can ensure the best arguments are made.
Hear this out loud PauseAn Order of Protection (also known as a restraining order) is a document issued by a court and signed by a judge to help protect you from harassment or abuse. It restricts someone who has abused a family/household member, spouse or partner in a dating relationship.
