Is it possible to modify a restraining order?
Yes, it is possible to modify a restraining order in North Carolina. A restraining order is a legal order issued by a judge to protect someone from harm inflicted by another person. These orders can be obtained through a civil or criminal court depending on the circumstances. A restraining order can be modified if the person who obtained it believes that the conditions of the order need to be changed. The person must file a Motion for Modification with the court. This Motion includes the reasons why the order should be modified, such as if the person harassed is in a different location or if they would like to add additional contact terms. The person who is the subject of the order can also file a request for modification. This process is similar to the original motion for the restraining order. The person must explain why the order should be changed. The request for modification may be approved or denied depending on the court’s discretion. The court will likely consider the safety of the person who requested the order as its top priority. If the court grants the request, it will issue a new restraining order that reflects the changes. If the modification is denied, the judge may hold a hearing to gather more information on the case. The judge may grant the request after weighing the evidence. Whether the request is granted or denied, both parties will be provided notice of the court’s decision.
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