Hello. I’m Ronna, a licensed attorney with 35 years’ experience. I specialize in family law, landlord-tenant and appeals. I look forward to helping you today.
Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
You can file a motion to set aside the restraining order based on the new evidence that you have. The worst the court can do is deny your motion unless there is a reason to extend the restraining order. Because that could happen (extending the order), you may want to get an attorney to do the motion and court appearances for you. You would probably testify, and you'll have to identify the new evidence and explain it.
Unfortunately many times people get restraining orders based on false pretenses. It's perjury and they know what they're doing. You can counter this with a motion to dismiss the restraining order. There may be templates that your court website has in NC, but your best bet is to have a lawyer do this for you. Lawyers do this type of motion every day of the week. If this is a family-related restrainng order, be sure to look for a family lawyer. If criminal, then you would need a criminal attorney.
If you want to do this yourself, check the court website or call the court clerk. The clerks aren't supposed to give you legal advice but they are allowed to point you to the proper forms. Since this may require a hearing or a trial, this is why I'm suggesting an attorney. The chance is that the restraining order can be extended or that your motion could be dismissed. It is also possible for you to vacate the restraining order based on the evidence you have! Because this is so important to you, you would be well-advised to consult with an attorney. You can even find attorneys that do free consultations, so all that will cost you is your time.
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Best of luck to you!
Ronna L. DeLoe, Esq.