How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100052
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

What is required to file a restraint order based on a

Customer Question

What is required to file a restraint order based on a pattern of harrassment via email. The person is both a paedophile and my father. He lives in Florida, I live in Moorseville
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: I just did. He lives in Florida. I live in North Carolina. The harrassment is online
JA: Have you talked to a lawyer yet?
Customer: I would prefer to file on my own
JA: Anything else you want the lawyer to know before I connect you?
Customer: No Ok
Submitted: 24 days ago.
Category: Family Law
Expert:  Ely replied 24 days ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only 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.

Are you asking about the procedure, or, what qualifies as harassment?

Customer: replied 24 days ago.
Both
Expert:  Ely replied 24 days ago.
Thank you.
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 Protective Order.
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.
*
*womenslaw.org
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 24 days ago.
Why haven't you called?
Expert:  Ely replied 24 days ago.

The site allows the expert to opt out of the call request, and I must respectfully ***** ***** not worry - other experts receive the request as well, and the first available expert calls. They will also have your question and my replies to build upon, so nothing will be lost. But regardless, I see that an expert attempted to take the call but there was "payment failure," meaning that the payment did not go through. You may wish to contact JustAnswer to take care of this so the call is made.

Meanwhile, did you see my answer above in chat?

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 24 days ago.
I got nothing more than I would have showing up at the county court house. I already know how to do that.

Related Family Law Questions