The decision to file the restraining order
is up to the alleged victim, meaning you can file this in NC or FL. It is more practical to file this in NC, arguably, and NC allows this under NCGS § 1-82.Qualifications
This is called a "50B" Domestic Violence
He can be restrained if any of the following are true:
-attempts to cause bodily injury, or intentionally causes bodily injury;
-places you or a member of your family or household in fear of imminent serious bodily injury;
-continued harassment (as defined here) that rises to such a level as to inflict substantial emotional distress; or
-commits any rape or sexual offense listed in NC sections 14-27.21 through 14-27.33.Steps
In North Carolina, there are two types of domestic violence protective orders:
-Ex parte temporary protective orders given at the time of filing; and
-Final domestic violence protective orders (also called a DVPO or a 50B order or a restraining order).An ex parte temporary protective order is a court order designed to provide you and your family members with immediate protection from the abuser. A judge may issue an ex parte order the same day you file your complaint for a domestic violence protective order (without the abuser present) if s/he believes that there is a serious and immediate danger to you or your child. If the judge does not issue the ex parte order on the same day, the court must hear the request for an ex parte order within 72 hours or by the end of the next day on which the court is in session in the county of the filing, whichever occurs first.* Note: Hearings held to consider an ex parte temporary protective order may be held via video conference.
An ex parte temporary protective order will protect you until your full court hearing takes place, usually within 10 days from when the order is granted or within 7 days from the date the respondent is served, whichever occurs later. Note: The ex parte order will not be able to be enforced until the defendant is served with a copy of the order.
A final domestic violence protective order (also called a DVPO or a 50B order or restraining order) lasts up to one year. You can ask the court to extend the order for an additional two years (with the exception of the custody provisions), but you must do so before it expires.*** (See How do I modify or extend my order?) Before the order is issued, you will have to have a full court hearing to get a final domestic violence protective order. In this hearing, the abuser will have a chance to defend himself/herself. Unlike ex parte hearings, a hearing for a final domestic violence protective order cannot be held via video conference.
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