What is a domestic violence restraining order?

A domestic violence restraining order is a court order that is issued to protect a person from another person (usually a family member or significant other) who has committed domestic violence. This restraining order can be issued in North Carolina when the alleged abuser has threatened or committed acts of physical or sexual violence against the victim. A domestic violence restraining order will set forth conditions that the respondent must follow. These conditions could include, but are not limited to, no contact with the petitioner, avoiding the petitioner’s home, or no harassing or intimidating behavior. Violations of these conditions can result in arrest and criminal charges. A domestic violence restraining order can be issued by a judge in a civil court or criminal court, and is enforced by the police. When the order is issued, the accused abuser will be served with the order and must appear in court to answer to the allegations. It is important to note that a domestic violence restraining order is not the same as a restraining order issued for other types of protective orders. A domestic violence restraining order should only be obtained if there is a reasonable fear of danger or violence to the petitioner. It is also important to remember that a domestic violence restraining order does not guarantee safety from future harm or abuse; it provides a legal means for the victim to seek protection in case of future abuse.

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