1. Civil Restraining Orders Kayla Rudisel Legal Aid of North Carolina
Senior Domestic Violence Protective Order Attorney in Durham
Interactive Experience – Ask Questions if you want

2. . Every 9 seconds in the US, a woman is assaulted or beaten.   
Intimate partner violence accounts for 15% of all violent crime.  
19% of domestic violence involves a weapon.  .

3. Modern Slavery Physical Sexual Financial Social Neglect/ Abandonment
Psychological
Social
Many types of domestic violence
List
But restraining order require certain domestic

4. Types of Restraining Orders
DOMESTIC VIOLENCE PROTECTIVE ORDER
50B
▶︎ Personal Relationship
▶︎ Act(s) of Domestic Violence
NO CONTACT ORDER
50C
▶︎ No Personal Relationship
▶︎ Nonconsensual Sexual Conduct Or
Stalking
Convicted Sex Offender Permanent No Contact Order (50D)
DVPO
Personal Relationship
(1)        Current or former spouses
(2)        Current or former household members
(3)        Parents (others acting in loco parentis) and children (no under age of 16)
(4) Grandparents and grandchildren (no under age of 16)
(4)        Have a child in common;
(5)      Opposite sex who are in a dating relationship or have been in a dating relationship. (Romantically involved/continuous basis) (A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship.) DV
(1) Attempting to cause bodily injury, or intentionally causing bodily injury; or
(2) Placing the aggrieved party or a member of the aggrieved party's family or household in fear of imminent serious bodily injury
(3) fear of continued harassment (directed at a specific person that torments, terrorizes, or terrifies that person and that serves no legitimate purpose) , that rises to such a level as to inflict substantial emotional distress; or
Sexual offenses
CONTACT ORDER
Strangers, friends, causal acquaintances
Every jurisdiction is different
50-C: Pee Story
ENFORCEMENT
50B  Criminal/Show Cause
Criminal  Misd. A1: up to 150 days of active – depending on the person’s criminal history
Show Cause  500 fine and 30 days in jail
50C  Show Cause

5. Forms

6. How to File a Restraining Order in North Carolina: A Six-Step Process
Contact Police or the Local Domestic Violence/Sexual Assault Agency
Go to the courthouse and get the forms you need
Fill out the complaint in detail, but do not sign it until you are before a notary public or clerk of court
Seek an ex parte/temporary protective order
Attend the hearing
Modify or Set Aside the order (if needed)
Don’t have to
Everything is free
Be detailed/ Past incident included
Evidence: Maintain evidence (Screenshots, witnesses, photo of injuries)
Ex Parte
A party may move the court for emergency relief if he or she believes there is a danger of serious and immediate injury to himself or herself or a minor child. 
a danger of acts of domestic violence against the aggrieved party or a minor child
10-day return
Service
Continuance, Consent, Hearing
Preponderance of the evidence - One clearly knowledgeable witness may provide a preponderance of evidence over a dozen witnesses with hazy testimony. Preponderance of the evidence = civil case and beyond a reasonable doubt = Criminal case
Up to 1 year
D can set aside order

7. Types of DVPO Relief Possession of the residence
Exclude the other party from the residence
Eviction of other party from the residence
Assistance to the victim in returning to residence
Suitable alternate housing
Possession of Vehicle
Possession of all the personal property of the parties
Possession of pets
Temporary custody/ visitation of minor children
Child support
Spousal support
Attorney’s fees
Prohibition of guns
Abuser treatment program
Any additional prohibitions or requirements the court deems necessary to protect any party or any minor child
Direct Defendant to refrain from certain acts
Communication
Threatening, abusing, or following the other party
Harassing the other party, including by telephone, visiting the home or workplace, or other means
Otherwise interfering with the other party
Cruelly treating or abusing an animal owned, possessed, kept, or held as a pet by either party or minor child residing in the household.
Going to or remaining at victim’s residence, workplace, children's’ school, victim’s school, any place the victim is present
Ex Parte and Full year order

8. Types of No-Contact Order Relief
Order the respondent not to visit, assault, molest, or otherwise interfere with the victim.
Order the respondent to cease stalking the victim, including at the victim's workplace.
Order the respondent to cease harassment of the victim.
Order the respondent not to abuse or injure the victim.
Order the respondent not to contact the victim by telephone, written communication, or electronic means.
Order the respondent to refrain from entering or remaining present at the victim's residence, school, place of employment, or other specified places at times when the victim is present
Order other relief deemed necessary and appropriate by the court
Order attorneys' fees

9. Ancillary Relief Domestic violence agencies and services
Sexual assault agencies and services
Temporary weapons permit (DVPO Only)
Address Confidentiality Program
Victims' compensation
Prematurely breaking lease
Changing locks
Agencies and services
Temporary Shelters/Housing
Safety Planning
Temporary weapons permit (DVPO Only)
Free background check
Expedited
Temp. permit for up to 45 days
Address Confidentiality Program
You must move or be in the process of moving to a new address and sign a statement that you fear for your safety or the safety of your children
You can use the substitute address to register to vote, get a driver license, or sign up for utilities like water and electricity.
Victims' compensation
Victims of rape, assault, child sexual abuse, domestic violence and drunk driving, as well as the families of homicide victims, are eligible to apply for financial help.
reimburses citizens who suffer medical expenses and lost wages
The program does NOT compensate victims for damaged or stolen property, or for pain and suffering.
Deadlines so consult DV/SA center
A maximum of $30,000 may be paid for an award for medical expenses related to treatment of injuries as a result of the crime.
A maximum of $5,000 may be paid for funeral expenses when the victim dies as a result of the crime. 
Benefits for approved claims are paid directly to a service provider.
Prematurely breaking lease
Written Notice
at least 30 days after the landlord's receipt of the notice.
(i) A copy of a final 50B and 50C
(ii) a criminal order that restrains a person from contact with a protected tenant,
(iii) a valid Address Confidentiality Program card
(iv) Submit a copy of a safety plan that recommends relocation of the protected tenant.
NO early termination fees
Changing locks
(D is not a tenant) shall change the locks to the protected tenant's dwelling unit or give the protected tenant permission to change the locks within 48 hours.
(D is a tenant)
Order to stay away
T remains liable

10. Challenges
- Old school - Abuse by family - Access to court house - Testimony - changing legal guardianship