N.C.G.S. 50B & 50C RESTRAINING ORDERS
A cause of action under North Carolina General Statute 50B/C is an action for emergency relief filed by the Plaintiff on behalf of him or herself and/or his or her minor children. The petitioner files a claim asking the Court to enter an Order "ex parte" or without the Defendant present. If all of the requirements for pleading are met under the statute, a temporary Order will be entered against the Defendant and a date set within ten (10) days for both parties to appear before the Court to hear the case.
In most instances, 50B Orders will prevent one party from contacting the other directly and/or indirectly. When parties have minor children involved, these cases may become more complicated and additional requests for relief are often made by the Plaintiff such as requests for an Order of child or spousal support, possession of the home, temporary custody of the minor children, and more.
Both Plaintiffs and Defendants have the right to defend themselves and present their cases to the court. You will need a trial attorney to advise you on the strength and weaknesses of your case as well as to navigate the procedural and evidentiary laws that apply at the hearing. You may also need to subpoena records and/or witnesses for your hearing.
There are often employment and other consequences to having a restraining order entered against you. Additionally, there are serious penalties for any violation of a 50B/C Order.
Contact me for legal advice on your 50B/C claim(s) today. I have extensive trial experience representing Plaintiffs as well as Defendants with these claims.