Get a No Contact Restraining Order in North Carolina

In North Carolina, a No Contact Restraining Order is also known as a 50C order. It is an order designed to protect victims from non-consensual acts of stalking or sexual conduct. This order is completely different from other domestic violence protective orders which are formalized for people in a relationship with the offender such as spouses, family, or those who live together. However, the 50C order is available for victims without a domestic relationship with the abuser.

If you’re looking to get a No Contact Restraining Order in North Carolina, this article breaks the process into simpler steps:

Eligibility for a 50C Order

If you wish to obtain a 50C order, then you are required to show that you are a victim of any of the following on more than one occasion.

Unlawful Behavior- This may be close to the nature of stalking, cyberstalking or harassment. Such behavior must be intentional, devoid of legitimate purpose and causes emotional disturbance or fear of harm.

Non-consensual sexual conduct: This can mean unwanted sexual touching or any conduct that goes against what one considers their bodily integrity and security.

You or your family members are not required to have any relationship with the person who is the subject of the order to seek a 50C order. It is therefore quite effective in situations where neighbors, coworkers, or strangers are involved.

Filing the Petition

To start it off, you are required to go to your local county courthouse, and file a “Complaint for No-Contact Order”. In this complaint, you are required to provide details of harassment or non-consensual sexual conduct, accurate dates when they happened as well as the supporting evidence for them. You should also give the information which can help identify the violent offender.

After filing a complaint, the court can issue a temporary No Contact Order (ex parte order) upon discovering that there is an immediate threat towards you. This can be issued without notice to the respondent, and lasts until a hearing is held.

Court Hearing

After filing, the court will set a hearing date, usually within ten days. At this hearing, both you and the alleged perpetrator will be provided the right to show evidence; including witnesses and testimonies. It is important to collect all supportive documents, such as claims, emails, statements or pictures intended to back your accusations.

If a judge finds evidence of unlawful conduct or non-consensual sexual acts, a No Contact Order shall be issued for a period of twelve months. If the harassment continues, you will have the option to request an extension beyond the set amount of time in the order.

What a 50C Order Does

Once a No Contact Order is issued, it legally prohibits the offender from reaching you through any means such as: phones, messages, or social media platforms, and even by third parties. Further, they shall not go to any place listed in the order, preventing them from being near your house, workplace, or school. In case any of the terms of orders are violated, you can notify law enforcement and the violator shall be in contempt of court and subject to criminal proceedings.

Seeking Legal Assistance

Even though it is possible to institute a No Contact Order on your own, it is always helpful to consult with an attorney in complicated cases or when the defendant is likely to oppose the order. Contact us today for assistance.