What is the process of filing a restraining order?
In North Carolina, if you have experienced or are currently experiencing domestic abuse, you can file a restraining order. A restraining order, also known as a protective order, is a court order that orders the abuser to have no contact with the victim. The process of filing a restraining order in North Carolina typically begins with an individual, referred to as the plaintiff, filing a petition at their local courthouse. The petition should include factual information regarding the domestic abuse they have experienced. The petition should also include the plaintiff’s request for a restraining order. After the petition has been filed, a judge will review it and decide whether or not to issue a temporary restraining order. This order will last until the restraining order hearing, which will usually occur within 10 days. At the hearing, both the plaintiff and the defendant will have the opportunity to present evidence, testimony, and argument. After the hearing, the judge will decide whether or not to grant the restraining order. If the restraining order is granted, the defendant must abide by its terms or face legal consequences. The restraining order can also be modified or dismissed at the discretion of the judge. It is important to note that in North Carolina, the process of filing for a restraining order is free of charge. Additionally, victims of domestic abuse can also call the National Domestic Violence Hotline at 1-800-799-7233 for legal advice and assistance with the restraining order process.
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