Below is the process of filing for a restraining order also known as a Domestic Violence Protective Order or a Civil No-Contact Order.
1. Go to the courthouse:
Go to the office of the clerk of civil court or the magistrate’s office. Tell them you need to file for a restraining order, protective order, DVPO or Civil No-Contact Order. They should make sure you get the forms you need.
2. Fill out the complaint in detail:
(Do not sign it until you are before a notary or clerk of court)
Just remember: you are the plaintiff and the abuser is the defendant.
When filing out the paperwork be sure to provide a brief but complete summary of the most recent abuse you have suffered make sure to use specifics and details. Provide the dates that the incident(s) occurred.
The key is to give a clear picture of the abuse to the judge who will decide your case. You also want the judge to know what relief you are seeking.
3. Fill out the summons:
In addition to being served the complaint, your abuser will need to be served summons to appear in court. Try to include the abuser’s name, address and other contact information in the paperwork, if known. The sheriff’s office will serve the complaint and summons on the abuser. The sheriff’s office also will serve the notice of hearing and a copy of the temporary protective order.
You can help the sheriff’s office by filling out a form that identifies your abuser. This identification can include:
(Physical characteristics (height, weight, hair color, eye color),Driver’s license number, Social Security number, and/or Employment address)
You will also need to list your name and a safe mailing address and phone number.
Because the sheriff serves the abuser, you do not need to have contact with him/her. If the sheriff’s office cannot serve your abuser on time, your hearing will be rescheduled.
4. Seek a temporary protective order:
At the time you fill out the complaint and summons, you can also seek an ex parte/temporary protective order. This means that the abuser does not need to be present for a hearing. You can request it by checking a box on your complaint form. Then you go before a judge and explain why you or your children are in immediate danger and why this order is needed.
This is an emergency order.
Once it is granted, it takes effect immediately and typically lasts 10 days (which just the right amount of time for you to pursue a permanent order).
Keep this order with you at all times. Leave copies with your employer, your child’s school or daycare, and everywhere else you or your children can be found during a typical day.
5. Attend the hearing:
When you file the complaint/summons, you will be given a date and time for the hearing on your order. Your abuser will receive a notice of the hearing with this information.
You must attend the hearing. Your abuser has a right to attend as well. If the abuser does not attend, the court may proceed or elect to reschedule the hearing. You should have an attorney representing you at this hearing. At the hearing, you will need to show the court that the abuser has committed an act of domestic violence, stalking or nonconsensual sexual conduct. If the court finds that this has occurred, the court must grant the order
If you are in need of representation for your hearing, Adkins Law can help you. Christopher Adkins and Sarah Bennett are attorney's in the Lake Norman area that specialize in Family Law and can help you. Call our office today to set up a consultation with one of our attorney's.