This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.
Mecklenburg North Carolina USLegal Guide on Restraining Orders and No Contact Orders
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Mecklenburg
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US-GDE-09
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FAQ
It may be best to have an attorney present at this hearing to make sure your rights are protected. A permanent no-contact civil order lasts up to one year. You can ask the court to extend the order, but you must do so before it expires.
How do I get the no contact order changed? You can ask the court that made the order to vary (change) it. Your partner must agree to the change and appear before the judge to explain why. The judge will have to agree that your partner (and any of your or your partner's children) are no longer at risk of harm from you.
A Civil No-Contact Order (sometimes commonly referred to as a 50C order) is a restraining order that is designed specifically for victims of sexual assault or stalking who do NOT have a personal relationship with the offender.
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.
Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.
The usual period for a restraining order runs between 10 days and one year. For a first-time non-severe offender, a judge will ordinarily issue an order under 12 months. Therefore, if you are gravely concerned, you will need to convince a judge that you require protracted levels of protection where necessary.
There is no fee for applying to the Magistrates Court for a violence restraining order.
Evidence of any damage to property (for example photos) information about the defendant's use of alcohol or drugs. information about the defendant's access to firearms or other weapons. information about any mental health issues.
Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.
If you want to get back together, or even just talk to the other person or see them, you can: ask the court to change the order. The court can drop the "no contact" part of the order but keep the "no abuse" part of the order.
