The Basics of Restraining Orders in North Carolina

In the sixteen years that I was a Wake County District Judge and District Attorney, I’d often be asked how to get a restraining order. The answer is relatively simple – the North Carolina General Assembly passed a law that says a person can seek a protective order under certain circumstances. The vast majority of these circumstances cover victims of domestic violence, victims of alleged stalking, nonconsensual sexual conduct, and workplace violence.

While on the bench, I heard thousands of these cases, some of which were extremely serious and others which were disputes between neighbors unable to be resolved without court intervention. Regardless, filing for a protective order, or defending yourself if one has been filed against you, can be very scary. Some people do it well by themselves and others need help from an attorney. 

What is a Restraining Order?

There are three main types of restraining orders in North Carolina: the Civil No-Contact Order (50C), the Domestic Violence Protective Order (50B), and the Workplace Violence Order. Which type of restraining order you are eligible for depends on your relationship with the aggressor. The duration of the types of restraining orders are the same: the order can be granted for up to one year and is renewable, if necessary. 

Protective Order vs. Restraining Order

The vast majority of restraining orders fall into the category of Domestic Violence Protective Orders. In fact, when someone is referring to a “restraining order,” they are actually using the colloquial term for a Domestic Violence Protective Order.

To qualify, a person first needs to have a domestic relationship as defined by statute, which includes: spouses, former spouses, unmarried persons of the opposite sex who live together, individuals who have a child together, family members, individuals living in the same household, or those in a dating relationship. Second, the person must allege that they are a victim of domestic violence. This does not have to mean physical assault – it can also mean harassment that rises to the level of causing emotional distress.

Filing for a Domestic Violence Protective Order is scary, but the Clerks’ Offices in our state do an outstanding job of providing the necessary documents for people to file. If you reside in Wake County, go to Room 527 of the Wake County Courthouse between 8:30 A.M. and 4:00 P.M., Monday through Friday, to get this information.

No Contact Order v. Domestic Violence Protective Order

Civil No-Contact Orders only apply to situations where there is stalking or nonconsensual sexual conduct. For stalking, there must be more than one instance of harassment. Therefore, unless there is nonconsensual sexual conduct, a Civil No-Contact Order will not be granted for a one-time instance of harassment, no matter how serious it is.

Workplace Violence No Contact Orders

Certainly, workplace violence is a scary thing – it can be terrifying. Because of this, a separate type of Civil No-Contact Order exists solely for instances of Workplace Violence. But believe it or not, the court sees relatively few of these filings.

To qualify, the person filing for the order must be an employer residing in North Carolina. Next, an employee must have suffered unlawful conduct in the workplace. This unlawful conduct can consist of bodily injury, harassment, or threats of physical injury.

Emergency Relief

If there is an urgent need for court intervention, a District Court can issue an Ex Parte Emergency Protective Order. These are temporary restraining orders issued by the court without notice to the aggressor because there is an immediate threat. The Court will decide these matters based solely on the complaint and testimony of the person filing for the order. These orders last only until a full hearing can be held to determine whether a one-year restraining order is needed.

A permanent restraining order requires a hearing before the court, but even a “permanent” restraining order is not permanent—its maximum duration is one year, with the option for renewal. To renew an order, you must file a motion with the court stating why an extension is needed. The motion for renewal must be filed with the court before the expiration of the current order.

Who Can File a Restraining Order?

Eligibility for a restraining order depends on the type of restraining order sought. As stated above, eligibility for a 50B Domestic Violence Protective Order requires a relationship with the aggressor. Thus, if you are experiencing domestic violence in a situation where you know the aggressor personally, you are eligible to file for a 50B order.

In comparison, a 50C order does not require a personal relationship – instead, to be eligible, you must be experiencing a specific instance of stalking or harassment by someone you do not know.

The Legal Grounds to Get a Restraining Order

To summarize, you must meet certain legal qualifications to qualify for a restraining order.

For a 50B Domestic Violence Protective Order, there must be:

• A personal relationship between the aggressor and the victim
• Past instances of domestic violence (which can include physical or sexual abuse, threats, etc.)
• A fear of imminent harm to the victim

Alternatively, for a 50C Civil No-Contact Order, there must be:

• Past instances of harassment, stalking, etc. from the aggressor
• Victim must fear for their own safety, or that of their minor child

Lastly, for a Civil No-Contact Order Pursuant to the Workplace Violence Prevention Act, there must be:

• A North Carolina employer
• An employee who suffered unlawful conduct in the workplace (bodily injury, harassment, or threats of physical injury)

Navigating the complex landscape of restraining orders can be complicated during an already stressful time. By consulting an attorney familiar with the field, like the family law attorneys at Smith Debnam, you can ensure your safety and security.