[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.charlesullman.com\/enough-is-enough-what-to-do-when-its-time-to-get-a-restraining-order#BlogPosting","mainEntityOfPage":"https:\/\/www.charlesullman.com\/enough-is-enough-what-to-do-when-its-time-to-get-a-restraining-order","headline":"Enough is Enough: What to Do When It\u2019s Time to Get a Restraining Order","name":"Enough is Enough: What to Do When It\u2019s Time to Get a Restraining Order","description":"When you\u2019re dealing with a troubled relationship, when is it time to say \u201cenough is enough\u201d \u2013 and what do you do when you\u2019re ready to throw in the towel? We all want reason and respect to be included when we try to solve conflicts with our significant others. In...","datePublished":"2015-09-28","dateModified":"2020-08-01","author":{"@type":"Person","@id":"https:\/\/www.charlesullman.com\/author\/charlesullman#Person","name":"Charles R. Ullman & Associates","url":"https:\/\/www.charlesullman.com\/author\/charlesullman","identifier":7,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/b1be1fb990426716ccc017175b6aa0896e4c2f7f629307d9491d2bf729b1cd81?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/b1be1fb990426716ccc017175b6aa0896e4c2f7f629307d9491d2bf729b1cd81?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Charles R. Ullman & Associates","logo":{"@type":"ImageObject","@id":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2019\/07\/logo.png","url":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2019\/07\/logo.png","width":310,"height":78}},"image":{"@type":"ImageObject","@id":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2019\/07\/restraining-order-1.jpg","url":"https:\/\/www.charlesullman.com\/wp-content\/uploads\/2019\/07\/restraining-order-1.jpg","height":603,"width":600},"url":"https:\/\/www.charlesullman.com\/enough-is-enough-what-to-do-when-its-time-to-get-a-restraining-order","about":["Domestic Violence"],"wordCount":1240,"keywords":["Raleigh Domestic Violence Lawyers"],"articleBody":"When you\u2019re dealing with a troubled relationship, when is it time to say \u201cenough is enough\u201d \u2013 and what do you do when you\u2019re ready to throw in the towel?We all want reason and respect to be included when we try to solve conflicts with our significant others. In some cases, however, the other person aggressively refuses to listen to your needs or respect your boundaries. If this sounds familiar, it might be time to file a restraining order to gain the safety, peace of mind and breathing space you need to plan your next step.Domestic Abuse and Restraining Orders: The FactsA\u00a0North Carolina restraining order\u00a0is also known as a\u00a0domestic violence protective order\u00a0(DVPO) or a \u201c50B order.\u201d In order to file such an order, the other person must fit at least one of the following categories:Your spouse or ex-spouse.Someone you live with or have lived with in the past.The other parent of your child.Someone related to you as your parent, child, grandparent or grandchild.A member of your household or someone who was previously a member of your household.Someone you are dating or have dated in the past.A DVPO orders the other person to take \u2013 or to stop taking or not take \u2013 several steps. Common items included in a North Carolina restraining order include:An order not to assault, threaten, abuse, follow, harass or interfere with you and your children \u2013 not at home, not at work or school, not by telephone or email, or by any other means,An order for the other person to leave your home, if they live there, no matter which one of you owns the home or whose name is on the lease, or order the other person to provide a suitable place for you to go instead.An order for the other person to stay away from your home, work, your or your children\u2019s school, your friends\u2019 homes or any other place you might seek shelter.An order for the other person to fulfill other requirements as needed, like forfeiting a firearm, attending alcohol or substance abuse classes, and pay attorney\u2019s fees.Give you possession of personal property, such as your own car and household items, possession of the family pet and temporary custody of your child or children \u2013 including temporary\u00a0child support\u00a0and visitation if the other person is also the parent of the child.A restraining order is flexible. It can be adapted to meet your needs and the specifics of your situation in many ways. Your lawyer can help you ensure that your DVPO fully protects you and your children.Reasons to File a Restraining Order in North CarolinaAmong the most common reasons to file a DVPO in North Carolina are:The other person has threatened, tried or succeeded in causing bodily injury or substantial emotional distress to you or any member of your family. This category includes sexual offenses like molestation and rape. It also includes threats involving a gun or another deadly weapon.The other person has threatened, tried or succeeded in causing bodily injury or substantial emotional distress to your children. Like the category above, this category includes any behavior of a sexual nature toward the children, and threats involving firearms or other deadly weapons.The other person has threatened to commit suicide if you do not do what they want.You believe the other person may cause serious and immediate injury to you or your children.Other situations may also warrant the filing of a restraining order in North Carolina. Talk to your lawyer to determine whether you need a DVPO in those situations.Pets can also be included in a DVPO. If you have a pet in your household, you can ask the judge to include an order for the other person not to harm the pet. You can also ask for custody of the pet, if you are concerned that the other person will try to take the pet from you and\/or harm your pet. When you fill out the complaint, include information about the pet and any threats or actions the other person has taken regarding harm to the pet.How to File a Restraining Order in North CarolinaGenerally speaking, there are\u00a0six steps\u00a0to filing a restraining order in North Carolina:Get the forms you need.The state\u2019s courts provide a\u00a0form\u00a0for individuals to use when filing for a DVPO. The North Carolina Administrative Office of the Courts website provides a list of county courthouses, so you can find the one in your district. The clerk of civil court or magistrate\u2019s office can provide the forms you need.Fill out the forms, but do not sign them (yet).When you file for a DVPO, you are the plaintiff. The other person is the defendant. Fill out the form, providing clear, concrete details of the abuse you have suffered. For instance, if the defendant attacked you, describe how. Were you slapped, kicked or punched? Did the other person use a weapon or threaten to use one? What words or gestures were used? Give dates. Find a notary public or clerk of court to witness as you sign the forms in this person\u2019s physical presence.Fill out the summons.The summons and complaint form are served together by a county sheriff. You will need to include the other person\u2019s name, address and contact information as best you know it on the summons form. You can also provide information that describes your abuser, like their physical characteristics, driver\u2019s license or Social Security number, work address and firearm permit, which will help the sheriff\u2019s office find them if you do not know their address.Request an ex parte\/temporary order.On the complaint and summons, request an ex parte\/temporary order. \u201cEx parte\u201d means \u201cwithout the other party.\u201d When you ask for an ex parte order, you can get a\u00a0restraining order\u00a0put in place even if the other person fails to show up for a hearing. An ex parte\/temporary order is an emergency order that takes place immediately after you speak to a judge. Make copies of this order and give them to every location you or your children typically go \u2013 work, school, daycare and similar places.Attend your hearing.When you file your complaint and summons, you\u2019ll be given a date and time for your hearing. Attend your hearing with the help of your attorney. You\u2019ll need to demonstrate that the other person has committed an act of domestic violence, as defined by North Carolina law. Your lawyer can help you demonstrate that this has happened.Extend or renew the order if needed.A North Carolina DVPO lasts for one year from the date it is granted, but you can get it renewed for up to two years. To renew, follow the first five steps listed here.At Charles Ullman & Associates, our attorneys focus on family law. We take the time to listen to each client in order to understand your goals, so we can concentrate on obtaining a reasonable result under the law that meets your needs and allows you to build the best possible future.We represent clients in North Carolina, including Raleigh, Cary Divorce and other communities in Wake County and beyond. To learn more,\u00a0contact our office today for a confidential consultation."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Enough is Enough: What to Do When It\u2019s Time to Get a Restraining Order","item":"https:\/\/www.charlesullman.com\/enough-is-enough-what-to-do-when-its-time-to-get-a-restraining-order#breadcrumbitem"}]}]