Seeking a Restraining Order in North Carolina
If you fear for your safety, filing a restraining order in North Carolina can provide you security and peace of mind.
North Carolina offers two types of domestic violence protective orders: an ex parte temporary protective orders; and final domestic violence protective orders (also called a DVPO or a 50B order or a restraining order).
Most victims will first seek an ex parte temporary protective order to receive immediate protection while pursuing a final domestic violence protective order in tandem.
How Do I File A Restraining Order In North Carolina?
Reach out to the legal team at Fay Grafton and Nunez to help guide you through the legal process of obtaining a restraining order in North Carolina. Our experienced attorneys will likely first file an ex parte temporary protective order to provide you immediate safety and then file for a restraining order. We can help you fill out the forms, in which you will have to explain the issue, what happened, and why you feel you need this restraining order. Our top rated attorneys will help you provide enough detail while keeping the explanation to the point. We will then file these petitions either in the county you temporarily or permanently live in or in the county where your abuser resides.
Once we file the order, at times, a judge may ask a few questions. The judge may sign the ex parte temporary order the same day, without your abuser present. If the judge does not sign the order, the court must hear the request within 72 hours.
The courts or law enforcement can not enforce the order until your abuser is notified. Once your abuser is notified of the ex parte order, they are restrained from contacting you or your children and other relatives.
This temporary order protects you and your family from your abuser until a full case can be heard. The case for the final domestic violence protective order will occur within 10 days from the ex parte order being granted or seven days from when the abuser is served. During this hearing, your abuser must be present and will have the opportunity to defend themselves.
Once issued, the final domestic violence protective order protects you for one year. As the deadline approaches, our legal team can help you request an extension of up to two years.
Has Covid-19 Affected Restraining Orders In North Carolina?
Due to COVID-19, North Carolina courts are operating at reduced capacity but are open and processing protective orders.
Victims of domestic violence in Alamance, Brunswick, Cumberland, Davidson, Davie, Durham, Forsyth, Guilford, Mecklenburg, Onslow, Orange, Rockingham, Rowan, or Wake counties can file online with the help of a local domestic violence service provider.
The Fay Grafton and Nunez team can also provide personalized advice and guidance to file a petition for a protective order for you swiftly. Our team has vast experience helping domestic violence victims utilize the law to protect themselves and their families when dealing with emotional abuse, physical abuse, or violence.