Do You Go To Court For A Restraining Order – If you are being verbally, physically or sexually abused by a spouse, parent, child, boyfriend or acquaintance, you can stop it. One important step in this may be obtaining a restraining order. Although many commonly use the term “restraining order” in North Carolina, it is technically called a domestic violence protective order or civil order.
While you can file for a protective order on your own, having an experienced family law attorney can make the process much easier. The compassionate and experienced domestic violence attorneys at Charles R. Ullman & Associates in Raleigh have years of experience helping victims of abuse obtain protection from their abusers. Charles R. Ullman is dedicated to protecting the rights of those who suffer at the hands of so-called “loved ones” and is board certified in family law by the North Carolina Bar.
Do You Go To Court For A Restraining Order
To learn more about how to file for a restraining order in North Carolina, schedule a confidential consultation today by calling or filling out our online form.
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There are two types of protective orders that our attorneys typically help clients with, and the type you file will depend on the circumstances of your case.
If you have a personal relationship with a carer, such as a partner or family member, a domestic violence protection order, also known as a 50B order or DVPO (updated 2022), can be a copy of this. Found it here.
In this case, the judge may order the abuser to pay your attorney’s fees. To learn more about how to file for a restraining order in North Carolina, contact the Raleigh domestic violence attorneys at Charles R. Ullman & Associates today.
After filing a complaint, you can get a temporary protective order called a preliminary injunction very quickly. This order can last up to 10 days, after which you need to apply to the court for a permanent order.
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To obtain an indefinite protective order, the offender must show:
If you’re not sure what evidence you need to present to get a restraining order, make an appointment to speak with an experienced attorney about your case.
There is no filing fee and you do not need an attorney to request a protective order. However, the process of obtaining a protective order requires you to fill out as many legal documents as possible. You will also need to attend a court hearing where the defendant (or the person filing the order) must show that they have committed acts that warrant the protection order.
Getting a stay-at-home order is an emotional and sometimes scary process for people. Therefore, having an experienced and compassionate family law attorney can take some of the pressure off you, knowing that all the paperwork is done properly and you have an expert to represent your case in court.
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If you need legal advice on how to get a restraining order or what to do in your case, contact us today.
The process of filing for a domestic violence protective order or civil order can be broken down into six general steps. If you need help at any point during this process, contact Charles R. Ullman & Associates, an experienced family law attorney.
1. Go to court and get the necessary forms. List of NC District Courts You can find the administrative office of the court on the website.
Go to the clerk of the civil court or the judge’s office. Tell them if you need to apply for a Restraining Order, Protection Order, DVPO or Civil Contact Order. You can also tell the office that you need to file for an emergency/temporary protective order.
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You will find Deputy Secretaries and Assistant Secretaries helpful. They should make sure they get the necessary forms. You can also download DVPO or Civil Contact Order complaint forms in advance.
2. Fill out the complaint in detail, but do not sign it until it is filed with the affidavit or clerk of court. Note that this is a civil complaint in which you are the plaintiff and the abuser is the defendant.
Provide a brief but complete summary of your recent abuse. Use specific language and details. For example, describe how you were grabbed, hit, kicked, or threatened with violent gestures or language. Specify the dates. Be sure to tell your abuser if he has a firearm.
It is important to give the judge deciding your case a clear and objective picture of the offence. You also want the judge to know what relief you want. If children are involved, be sure to ask for temporary custody.
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3. Fill out the subpoena and help the sheriff identify the criminal. In addition to filing a complaint, your abuser must be served with a summons to appear in court. If you have one, you must include the guardian’s name, address, and other contact information in the call.
The complaint and summons against the abuser is filed by the county sheriff. The sheriff’s office will also provide a notice of hearing and a copy of the previous class/temporary protective order (more on that below).
You can help the sheriff’s office by filling out a victim identification form. This identifier may include:
4. Seek a preliminary/temporary protective order. You can also request an ex parte protective order when you file your complaint and summons. “Ex parte” means “without the other party”. This means that you can get this order without the abuser being present at the hearing.
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You can request this by ticking the box on the complaint form. Then go to the judge and explain why you or your children are in immediate danger and why the order is needed. (If the judge is not there that day, you can see him on the day of the trial.)
This is an emergency order. Once issued, it takes effect immediately and usually lasts 10 days (enough time to execute a standing order).
Keep this order with you at all times. Copies can be obtained from your child’s employer, school or nursery, or anywhere you or your children are on a typical day.
5. Attend the hearing. When you file a complaint and summons, you will be given a date and time for your protective order hearing. Your abuser will receive a hearing notice with this information. A hearing date will be held within 10 days of filing your complaint.
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You must attend the hearing. Your abuser also has a right to participate. If the defendant does not appear, the court may continue or adjourn the hearing.
You must be represented by an attorney at this hearing. If you need more time to get it, you can ask the court for a delay (or extension) for 10 days, showing a good reason.
At the hearing, you will need to show the court that the abuser engaged in domestic violence, stalking, or non-consensual sexual activity (as defined by North Carolina law). If the court finds that this has occurred, the court must issue an order.
If you are unable to attend the hearing, your preliminary class order will expire. If you still want to seek a restraining order, you will need to file a new complaint and summons.
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6. Extension or renewal of the order (if necessary). The period of validity of the protective order is one year from the date of issue. However, you can request an extension (or renewal) of your order.
If you or someone you love needs help getting a restraining order, please don’t hesitate to contact us. Our compassionate and resourceful family law attorneys are committed to helping people get out of dangerous situations and get on with their lives.
Charles Ullman & Associates brings you respected, knowledgeable and experienced divorce and family law attorneys. You can trust us to help you navigate the legal process efficiently and effectively so you can move on to the next phase of your life. Community involvement goes far beyond philanthropic support. At Fraternities4Family, we have started our own movement and offer scholarships to underprivileged students.
We offer you reputable, experienced and knowledgeable divorce and family law attorneys. Charles Ullman is board certified by the North Carolina Bar Association as a specialist in family law. Trust us to help you navigate the legal process efficiently and effectively. Whether you need a family court restraining order or someone outside of your family or immediate family is threatening or mistreating you, filing for a restraining order is often a complicated and confusing process. If you don’t know in advance what will happen.
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