North Carolina Petition to for Restraining Order due to Domestic Violence

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Multi-State
Control #:
US-02223BG
Format:
Word; 
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Description

A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.

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  • Preview Petition to for Restraining Order due to Domestic Violence
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FAQ

In North Carolina, there are a number of criminal charges that may be brought as a result of domestic violence, including a wide range of misdemeanors such as simple assault, assault on a female, communicating threats, and harassment, and a number of potential felonies for more serious offenses.

If you want to drop a permanent domestic violence restraining order, you'll need to file a motion to dismiss. You'll file your motion to dismiss at the court that issued your DVPO. To dismiss a permanent restraining order, you can file a Motion To Renew or Set Aside Protective Order (AOC-CV-313) with the clerk.

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.

You can file a police report to document your stalking, which will help build a case against your stalker should criminal charges apply. With help from your stalking attorney in North Carolina, you may also be able to secure a Domestic Violence Protection Order (DVPO) or a civil no-contact order.

A 50B refers to a Domestic Violence Protection Order, while a 50C refers to a Civil No Contact Order. The terms ?50B? and ?50C? come from the laws that outline these options, NC General Statutes 50B and 50C.

North Carolina Rules of Civil Procedure, Rule 65(b), to immediately enjoin [Father], and anyone acting in concert or participation with him, from contacting or attempting to contact the minor children or their foster parents, or seeing or attempting to see the minor children or their foster parents, in that immediate ...

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North Carolina Petition to for Restraining Order due to Domestic Violence