I Need a Restraining Order!

December 12, 2017

Family Law


North Carolina’s Civil Restraining Order Options

In North Carolina, you can file an action in District Court for two different types of civil restraining orders: no-contact and domestic violence protective orders.  A person can seek these orders ex parte (without giving notice to the other party); however, an ex parte or temporary restraining order is only good for up to ten (10) days without further order from the Court.  Once the other party is notified of the temporary order, a party may consent to the entry of a permanent order or a hearing on the merits will occur.  A permanent order can be entered for up to one year and thereafter can be renewed upon a showing of “good cause.”

Civil No-Contact Order

A civil no-contact order under North Carolina General Statute § 50C-2, gives relief against two types of unlawful conduct: stalking or nonconsensual sexual conduct.  Stalking requires proof of harassment or following on more than one occasion for no legal purpose.  Nonconsensual sexual conduct requires proof of an intentional touching, fondling or sexual penetration without consent.  This statute is reserved for people who are not or never have been in a relationship.  The typical scenario involves an irrational neighbor or co-worker.

Civil Domestic Violence Order

A civil domestic violence order of protection under North Carolina General Statute § 50B, gives relief against domestic violence.  This statute requires a relationship between the people involved, either as current or former spouses, current or former dating partners, or current or former household members.  In these cases, you may need to consult with an attorney about other issues pertaining to family law, such as: separation, child custody, and splitting of assets.

How can I obtain a restraining order? Helms, Robison, Lee & Bennett P.A. can help.  Call us at (704) 289-4577 and we can assist you in the process of getting either a no-contact or domestic violence protective order.

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