How do I obtain a restraining order to protect my child?

In North Carolina, having a restraining order to protect a child in a family law proceeding is governed by North Carolina General Statutes Chapter 50B. To obtain a restraining order, you must file a petition for a domestic violence protective order in the county where either you or the respondent (the other parent) reside. You will also need to present evidence of the domestic violence that has occurred in order for the court to grant the restraining order. The petition should explain how you and/or your child are in danger of further abuse, and it should include details of the abuse. Once the petition is filed, the court will likely hold a hearing within 10 days. It is important to be prepared to present evidence to the court in support of your petition. At the hearing, the court will consider the evidence that has been presented and will decide whether or not to grant the restraining order. If the court granted the restraining order, it would direct the other parent to stay away from you and your child. The order would also outline what behaviors should be avoided and/or limited. It is important to not violate the restraining order as violation of its terms can result in criminal charges. In order to best protect your child, it is important to consult with a family law attorney before filing a petition for a restraining order. An attorney can help guide you through the process and ensure that all appropriate evidence is presented to the court.

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How do I obtain a restraining order to protect my child?

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