If you're experiencing harassment, stalking, domestic violence, sexual assault, or any form of fear for your safety, you can obtain a restraining order. The process of obtaining one can be confusing and intimidating, but an attorney can provide guidance and support. This guide discusses how a restraining order works, how to qualify for one, and the benefits it can offer. 

How Does a Restraining Order Work In North Carolina? 

A restraining order is a legal document that prohibits an individual from contacting or coming near another individual. In North Carolina, there are two types of restraining orders: domestic violence protective orders and civil no-contact orders. 

Domestic violence protective orders can be issued if an individual has experienced domestic violence, sexual assault, or stalking from someone they have a personal relationship with. This includes a spouse, former spouse, someone who has lived with the victim, or someone who has a child with the victim. A civil no-contact order can be issued if an individual has experienced harassment or stalking, but the perpetrator is not someone with whom they have a personal relationship. This includes a neighbor, co-worker, or stranger. 

To obtain a restraining order, an individual must file a complaint with the court. If the court believes that the individual is in immediate danger, a temporary restraining order may be issued. A hearing will then be scheduled within 10 days to determine whether a permanent restraining order should be issued. An attorney can help you through the process and address any concerns you may have.

How to Qualify

To qualify for a restraining order, an individual must provide evidence that they have been a victim of domestic violence, sexual assault, stalking, or harassment, or that they are in fear for their safety. This evidence can include police reports, medical records, witness statements, and photographs. It is important to note that a restraining order is not a criminal charge. If an individual has been charged with a crime, such as assault or stalking, they will also face criminal charges in addition to the restraining order. 

What Are the Benefits? 

The primary benefit of filing a restraining order is the protection it provides. It can prohibit an individual from contacting or coming near the victim, as well as their children and other family members. Violating a restraining order is a criminal offense and can result in jail time and fines. A restraining order can also provide peace of mind for the victim. Knowing that the perpetrator is legally prohibited from contacting them can help alleviate fear and anxiety. 

If you need help obtaining a restraining order, the Fulcher Law Firm can provide assistance. Their attorneys have over 18 years of experience and can guide you through the process. Their services are available to clients in Stanly and Montgomery counties. Call them at (704) 984-6060 or visit their website to find out more.