How To Get A Restraining Order In North Carolina

Sections 50B and 50C of the North Carolina General Statutes (N. C. Gen. Stat.) outline the conditions under which a restraining order may be issued in the state. Filing for a restraining order is considered a civil action in North Carolina, and records generated during these proceedings are part of the North Carolina civil court records.

Any individual who feels threatened by another's actions due to harmful behavior, harassment, or potential harm has the right to file for a restraining order. This order serves as a legal instrument shielding the petitioner from the offender. While a restraining order does not guarantee the respondent will refrain from contact, it ensures that they will face legal consequences if they persist in the behavior that led to the order.

Types Of Restraining Orders in North Carolina

North Carolina issues two types of restraining orders:

Either order can be permanent or temporary, as determined by the court.

Are Restraining Orders Public Records In North Carolina?

Yes. In North Carolina, restraining orders are publicly accessible because they are part of court records, which are ordinarily open to the public. Typically, civil records cannot be expunged like criminal records and are rarely sealed, except in cases involving minors.

However, despite the open access to court records, sensitive information (social security numbers, driver's license numbers, and, in some cases, contact details and addresses) is kept confidential.

How To Look Up Restraining Orders In North Carolina

Individuals seeking restraining orders in North Carolina can typically find them within court records, as outlined below:

• North Carolina Court Records: Since restraining orders are issued by the court and included in North Carolina's civil records, individuals can visit the courthouse where a case was filed to inspect documents on public terminals. They can also submit a request by mail or access a court's online records system to view specific documents. Some counties offer eCourt services, while others provide Remote Access Public Program services.
• Third-Party Websites: Restraining order records may be found on third-party websites that offer remote access to court records, sometimes for free. These privately managed sites may be searched by name or case number.

Can You Look Up a Restraining Order Online?

Yes. Digital access to civil cases, including restraining orders, is available in most counties in North Carolina. In some instances, these records can be accessed remotely from one's home, while in other cases, access is limited to computers available in the courthouse's public area. Still, certain records are only available in person, and some can only be retrieved by the individuals involved in the case.

How To File A Restraining Order In North Carolina

The procedure for filing a restraining order varies based on the type of order and the county. For example, when filing a 50B order (Domestic Violence Protective Order), some counties have dedicated agencies through which one can file. In this instance, the petitioner may not need to go to the court, as a videoconference can be set up with a judge. Meanwhile, in other counties, the petitioner will need to file a petition directly with the court clerk to begin the process. Below is the general filing process.

Step 1

Regardless of the county's procedure, the petitioner must complete and submit the appropriate form. In domestic violence cases, a judge will conduct an "ex parte" hearing, which is typically brief and attended only by the plaintiff. The judge will determine whether domestic violence occurred and, if so, issue an "ex parte" order that remains in effect until a full court hearing.

Step 2

Next, the respondent must be served with the complaint, the order (if applicable), and any related documents. The local sheriff usually performs this service.

Step 3

Following the service of the petition, a hearing will be held, requiring both parties (plaintiff and respondent) to attend. The parties will indicate how they wish to proceed: the petitioner can choose to continue the case, while the respondent can consent or contest. A trial will be scheduled if the petitioner wishes to proceed and the respondent does not consent. During this hearing, both parties must present evidence to establish or refute claims of domestic violence, which may include third-party testimonies or supporting documents.

The filing process for a 50C order is similar; however, the form to be completed is different.

Can You File A Restraining Order For No Reason In North Carolina?

No. North Carolina statutes govern the process for filing a restraining order. Thus, individuals cannot file simply based on unfounded accusations or mere suspicions. Those seeking restraining orders must meet specific criteria and are required to provide truthful testimonies under oath while presenting their evidence.

What Proof Do You Need For A Restraining Order In North Carolina?

In a restraining order proceeding, parties may need to present different kinds of evidence to substantiate their claims, such as statements from the plaintiff and defendant, testimonies from witnesses, records of threats (whether audio or visual), law enforcement reports (including police reports, complaints, or 911 emergency calls, if relevant). Typically, all evidence is submitted before the commencement of the trial, and any further evidence may not be permitted during the proceedings.

How Long Does It Take To Get A Restraining Order In North Carolina?

If a petitioner can demonstrate an urgent need for protection to a North Carolina court, the sitting judge may issue a temporary restraining order within 24 hours. This is particularly applicable in cases of domestic violence, clear threats of harm, or harassment from a stalker. Nevertheless, the order is valid for up to 10 days, which is generally the period required to schedule a full hearing.

Conversely, a permanent restraining order can only be granted once a full court hearing has been completed, usually held 10 days after the initial complaint is filed.

How Long Does A Restraining Order Last In North Carolina?

Ex parte orders are only valid for 10 days in North Carolina, while final or permanent orders may remain in effect for up to a year. Either party can request an extension of the existing order before its expiration. If approved, the new order can be effective for as long as two years, depending on the judge or magistrate's assessment regarding the petitioner's safety.

How Much Does A Restraining Order Cost in North Carolina?

Filing a restraining order in North Carolina is free, particularly in cases of violence, according to N.C. Gen. Stat. § 50B-2(a) and § 50C-2. However, individuals who engage a lawyer may need to bear those expenses. Nevertheless, several organizations in the state offer legal representation for free or at a subsidized rate.

Can You Cancel A Restraining Order In North Carolina?

Yes. To terminate or modify an existing restraining order in the state, the party seeking to cancel the order must file a Motion to Renew/Modify/Set Aside with the relevant Office of the Superior Court Clerk. After completing and submitting the form, a copy will be sent to the respondent, and a hearing date will be scheduled.

At the hearing, the moving party must present legal justification for canceling or modifying the order. The evidence or facts provided determine whether the court will accept the petition.