What is a no-contact order in North Carolina, and how do you get one?
In North Carolina, there are various ways people can seek restraining orders in civil cases, but the process can be long and costly.
State laws, however, create a couple of quicker pathways, domestic violence protections and no-contact orders, for domestic violence, sexual assault and stalking victims to seek protection. They are expedited and affordable processes that limit courts fees.
How to obtain a no-contact order is in the news this week because a Duke University student and her attorney were critical of a judge who turned down the student’s request for a no-contact order. The woman was seeking protection from another student who she accused of nonconsensual sexual contact and stalking.
Both of the pathways “were created to make it easier for people to obtain fast relief from a court without the assistance of an attorney, “ said Cheryl Howell, professor of public law and government at UNC School of Government.
Protective orders are sought in civil court, meaning they don’t require criminal charges. However, separate criminal charges could be sought for the defendant’s related actions or a violations of a court order.
Domestic violence protection orders
If an individual is seeking protection from someone they have a personal relationship with, such as someone they married, lived with or dated, they can seek what is often called a 50 B or a domestic violence protective order.
A judge, according to information shared by the state Judicial Branch, can issue a domestic violence protective order if the defendant intentionally:
▪ Attempted or did cause physical injury.
▪ Created a fear of serious bodily injury.
▪ Continued harassment that with no purpose that causes significant emotional distress.
▪ Committed a sexual assault.
Local domestic violence agencies assist in filing domestic violence protection orders, according to the Judicial Branch information.
No-contact order
If an individual doesn’t have an established relationship with the person they are seeking protection from, then they can seek a no-contact order or a 50 C.
To get a no-contact order, the plaintiff would have to show that defendant committed nonconsensual sexual conduct or stalking.
The law defines nonconsensual sexual behavior as “a lack of freely given consent” for “any intentional or knowing touching, fondling, or sexual penetration by a person, either directly or through clothing, of the sexual organs ... for the purpose of sexual gratification or arousal,” including the transfer of semen.
Stalking is defined as taking one or more actions that:
▪ Places “the person in reasonable fear either for the person’s safety or the safety of the person’s immediate family or close personal associates.”
▪ Causes “that person to suffer substantial emotional distress by placing that person in fear of death, bodily injury, or continued harassment and that in fact causes that person substantial emotional distress.”
No-contact order forms can be found in local clerk of court offices or online.
This story was originally published April 22, 2022 at 11:46 AM with the headline "What is a no-contact order in North Carolina, and how do you get one?."
