Domestic Violence: How to Get a Civil Restraining Order
You have to file a Complaint (lawsuit) seeking a Domestic Violence Protective Order (otherwise known as a restraining order or as a “50B”). If it is at night or on a weekend, you do this through the magistrate’s office. If it is during the week, you do it through the civil clerk of court. In the Complaint, you set out the details of the act of violence or threat of violence that caused you to seek the Domestic Violence Protective Order. You will then appear before a judge or magistrate to describe what happened. If the judge or magistrate determines you are entitled to an emergency Ex Parte Protective Order, it will be issued at that time. Your abuser is not notified of or present for the emergency hearing. The emergency order is valid until there can be a hearing on the issue, at which the abuser will be present. This hearing is held within 10 days. If the judge determines at the full hearing that you are entitled to a Domestic Violence Protective Order, one will be issued. This order will be valid for one year, but may be renewed at the end of one year for an additional time of up to two years.
Cite: N.C. Bar Association
Attorney Courney Hull can assist you with any Family or Domestic Law issue. Contact her at The Twiford Law Firm, P.C.