How to Obtain a Protective Order Against Stalking in North Carolina

Understanding Protective Orders in North Carolina

In North Carolina, individuals who are victims of stalking can seek legal protection through what is known as a protective order. Stalking is a serious issue that can escalate if not addressed promptly and effectively. A protective order, sometimes referred to as a restraining order, is a legal document issued by a court to help protect an individual from being harassed, stalked, or abused.

Steps to Obtain a Protective Order Against Stalking

To secure a protective order against stalking in North Carolina, follow these steps:

  1. Identify the Type of Protective Order Needed: In North Carolina, there are two main types of protective orders: Domestic Violence Protective Orders (DVPO) for victims who have a personal relationship with the stalker and Civil No-Contact Orders for victims who do not.
  2. File a Complaint: Visit your local Clerk of Court’s office to file a complaint. You'll need to complete specific forms detailing the stalking behavior. It's crucial to provide as much evidence as possible, such as messages, emails, photos, and any witness statements.
  3. Ex Parte Hearing: After filing the complaint, you may request an ex parte temporary protective order. This hearing is typically held without the alleged stalker present and can grant immediate but temporary protection.
  4. Serve the Papers: The alleged stalker must be legally served with the complaint and notice of the court hearing for the final protective order. Law enforcement typically handles this process.
  5. Full Court Hearing: Both parties will have the opportunity to present their case before a judge at this hearing. It's essential to come prepared with all evidence and consider having legal representation.
  6. Final Protective Order Issued: If the judge believes that stalking has occurred and may continue, they will issue a final protective order which outlines specific restrictions on the stalker’s behavior.

Remember that violating a protective order is a criminal offense in North Carolina. The duration of the final protective order can vary but typically lasts up to one year with the possibility of extension.

Historical Reference

An example that underscores the importance of these laws is the case from 1999 when North Carolina strengthened its stalking laws after a series of incidents highlighted deficiencies in victim protection. This led to an increased understanding of stalking behaviors and improved legal responses through protective orders.

For more information on obtaining a protective order against stalking in North Carolina, please visit North Carolina Judicial Branch website.