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In addition, you can seek support from the community-based domestic violence agency in your county who employs advocates knowledgeable about the local practices and who can often provide court advocacy through the process of filing.
For purposes of this subdivision, a dating relationship is one wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship. The offender will be mailed notice of the hearing. However, the judge can order the Civil No-Contact Order for less than a year for example, 6 months if the judge feels for some reason that the Civil No-Contact Order is not needed for an entire year. The most common types of relief include:. For purposes of this subdivision, an aggrieved party may not obtain an order of protection against or grandchild under the age of 16; Have in common; Are current or former household members; Are persons of the opposite sex who are in a dating relationship or have been in a dating relationship.
In addition, if your old Civil No-Contact Order expired and you are filing a new complaint, the court will likely require that some new act of unlawful conduct has occurred since the time the court entered the last Civil No-Contact Order in order for you to get a new Civil No-Contact Order.
You can find the to your community-based domestic violence agency here.
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There is no limit to how many times you can renew your Civil No-Contact Order, as long as a judge finds there is good cause. You would complete this form, stating the reasons you wish to renew the Civil No-Contact Order. What kind of protection can a Civil No-Contact Order give me?
Legal Aid of North Carolina is a statewide program which provides free legal services in civil matters to low-income persons. A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship. What paperwork is required to file for a Civil No-Contact Order?
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It is different from a general restraining order because it allows a judge to order more specific forms of protection for a victim. In addition, if the offender is stalking you while you have a Civil No-Contact Order or any court order in place which forbids the offender from contacting or harassing you, it elevates the stalking crime from a misdemeanor to a felony.
But one year is the longest the judge can issue the original Civil No-Contact Order under any circumstance. There is no one right option for what to do when an abuser violates a Civil No-Contact Order. In addition, if the offender is violating the law, such as threatening you or stalking you, you can always call the police, regardless of whether you have a Civil No-Contact Order in place.
It also means that you can ask that the order be in place for less than a year if for any reason you want the order in place for less than a year. If the order expires before you file your motion to renew, you will no longer have a Civil No-Contact Order in place.
The judge can find good cause, even if the offender did not violate the Civil No-Contact Order. You can learn more about this service on their website or call the referral service at Finally, you have the right to file for a Civil No-Contact Order yourself, without an attorney. How long does the Civil No-Contact Order last? The Civil No-Contact Order can be renewed for up to 1 year at a time.
Wilmington, north carolina
Who is eligible to file for a Civil No-Contact Order? The judge can grant you a Civil No-Contact Order for up to one year from the date of your return hearing.
However, due to funding cuts, Legal Aid often does not have the resources to serve every low-income victim who needs representation in their Domestic Violence Protective Order and Civil No-Contact Order cases. If you do not have the financial ability to hire an attorney, Legal Aid of North Carolina might be able to assist you.
You would need to file a new complaint for a Civil No-Contact Order and start the process over again if your order expires. In addition, many of the community-based domestic violence agencies may have legal resources- whether it is a direct referral program to their local Legal Aid office, relationships with other attorneys in the community who are willing to represent victims for free or low cost, or occasionally who have attorneys on staff.
No Contact Order — 50C.
It will be up to the judge whether or not to renew the Civil No-Contact Order. The most common types of relief include: Ordering the defendant not to visit, assault, molest, or otherwise interfere with you Ordering the defendant to cease stalking you, including at your workplace Ordering the defendant to cease harassing you Ordering the defendant not to abuse or injure you Ordering the defendant not to contact you by telephone, written communication, or electronic means Ordering the defendant to refrain from entering or remaining present at your residence, school, place of employment, or other specified places at times when you are there.
However, every county has local practices that determine when judges are available to accept filings, whether other court officials such as magistrates can also accept filings etc. This is done by you going back to civil court yourself or with an attorney and asking that the judge hold the offender in either civil or criminal contempt of court. It is free to file for a 50C.
The motion to renew the Civil No-Contact Order will then be set for a hearing before a judge. The Civil No-Contact Order statute, 50C, specifically allows for you to enforce the order through contempt of court. Yes, you can file a motion and ask the judge to renew the Civil No-Contact Order.