10 Steps of Divorce

10 Steps To Divorce: Protection Order

Part 6: What is a Protection Order

A restraining order or protective order is a legal order issued by a state court that requires one person to stop harming another. In North Carolina, there are domestic violence protective orders and two types of civil no-contact orders. The two civil orders pertain to orders against individuals you do not share a relationship with while a domestic violence order pertains to an individual you do have a relationship with.

The definition of Domestic violence in North Carolina is when someone you have a personal relationship with commits one of the following against you or your minor child:

• Attempts to cause bodily injury or intends to cause bodily injury 

• Places you or a member of your family of household in fear of imminent bodily injury 

• Continued harassment that escalates to a level that inflicts substantial emotional distress

• Commits a rape, unwanted sexual act, or sexual act with a minor

Resources available to you:

If you or your child are experiencing domestic violence and can safely escape your situation, The courts are open to provide assistance. Chief Justice Beasley's order allows for domestic violence protective order proceedings to continue, both for ex parte and returning hearings. The order also allows judges to exercise “any ex parte jurisdiction conferred by law upon that judge,” meaning that motions for emergency custody may still be filed and determined by a judge.

If you have questions regarding your protection order or need to make a change contact your attorney or any approved service provider.

If anyone is threatening you or a family member and you are able in need of assistance call your local police department for immediate assistance.

If you are worried about self-isolating, quarantining, or staying in an environment with a person who is a danger to you or your family, the following organizations may be able to help:

National Domestic Violence Hotline: 1-800-799-7233

InterAct of Wake County: 919-828-7740

SAFEchild: 919-743-6140

Wake County Child Protective Services: 919-212-7990 (English); 919-212-7963 (Español)

North Carolina Coalition Against Domestic Violence: 919-956-9124

I understand that these are only a few answers to this serious concern and that every situation is different so an answer for one person might not apply at all to someone else. If you have any more questions regarding your order or if you feel your order is being violated make sure to contact your lawyer. If you do not have any current representation and have additional questions please feel free to reach out to me and I will do my best to find you the answer.

Jay Jerkins

Jerkins Law, PLLC

(919) 719-2785

www.jerkinsfamilylaw.com