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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Can a dual restraining order be asked NC? If not, how

Customer Question

Can a dual restraining order be asked for in NC?
If not, how do you prevent the person who has filed the restraining order from abusing it?
As this is the type of person who would do that.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In general protective orders in NC are not supposed to be mutual. See: N.C. Gen. Stat. § 50B-3(b). However, if you have proof the other party was the aggressor and no self defense was involved, the court can decide to make it mutual.
If you have had no contact in a year (almost) then you would likely do best objecting to the order on that basis, since the court has to find that there has been some contact and harassment or imminent fear of harm to issue any order and it does not seem to be there is any of this by you or the other party.
It is more likely you would get the order dismissed. However, if they are making contact in violation of the order you need to file a complaint to the police immediately and you need to file a motion for an order to show cause for contempt of court to bring her into court and that would be grounds to have her fined and the order vacated as well.

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