Written by Jonathan Breeden
When a relationship ends, emotions can run high. Sometimes these emotions get the best of a person, and they develop intro angry and aggressive behavior that makes you fear for your safety. One way of dealing with this fear is by filing a restraining order. In North Carolina they are referred to as 50B restraining orders. If you’re worried about your ex getting a hold of you after this order is put into place, you can rest easy, as they will likely be unable to contact you, depending on what your restraining order actually states. If you are trying to escape an abusive relationship and need to file a restraining order against your ex at your local courthouse, call Breeden Law Office today at (919) 661-4970. Attorney Jonathan Breeden will help you fill out the proper paperwork that will keep your ex from contacting you and violating your restraining order.
Restraining orders can put a stop to a number of abusive behaviors, such as:
Restraining orders can even order the named party to vacate your shared residence, pay child support for any minors that live with you, and award you temporary custody of your minor children.
To get a restraining order, you must file the proper paperwork in court. You will receive a hearing date, at which the judge will review your case and determine what restrictive measures must be taken against your ex. Requesting a restraining order can be difficult for someone who is not well-versed in court procedures.It may be a good idea to contact an experienced domestic violence attorney to help with your paperwork and represent you at the hearing.
Violating a restraining order is considered a misdemeanor. If the police believe a party has violated a restraining order, they can arrest the violating party without a warrant. Punishment can include a fine and up to 150 days of jail time, depending on whether the violating party has prior convictions.
North Carolina has two different types of restraining orders: temporary and final. Temporary, or ex parte, orders are granted immediately at a court hearing. These orders are designed to offer help quickly to a person who may be in great danger. Ex parte orders generally expire in 10 days, at which time the person who filed them may be granted final orders.
A final order, also known as Domestic Violence Protective Order (DVPO), is granted for a period of one year. It is possible to renew the order for up to two more years.
At Breeden Law Office, we don’t believe people should feel unsafe in their own home. If you are a victim of an abusive relationship and want to ensure that your ex stays away from you, call us at (919) 661-4970. Attorney Jonathan Breeden will help you obtain a restraining order and educate you on exactly what you should do if your ex tries to contact you/violates the restraining order in any way.