What You Need to Know About Enforcing an Out-of-State Protective Order or Restraining Order in North Carolina
Protective Orders or Restraining Orders are meant to prevent abusers from continuing to harm, threaten, or harass their victims. Violating a protective order or restraining order can result in an abuser getting arrested and may also constitute civil or criminal contempt in several jurisdictions.
If you moved to North Carolina and have a restraining order issued by another state, it’s essential to figure out whether your out-of-state restraining order is enforceable.
Generally, most out-of-state restraining orders will be enforceable in North Carolina. North Carolina law enforcement can enforce your out-of-state restraining order if:
(1) It was issued to prevent violence or threatening acts, harassment, or sexual violence, or it was issued to ensure someone does not contact you or come near you;
(2) The out-of-state court that issued the restraining order had the authority to hear your case; and
(3) The abusive party had notice of the restraining order hearing and had the opportunity to share their perspective on what happened. Whether the abusive party actually showed up to court is not important; it only matters that they knew the hearing was taking place.
If you and the opposing party have children together, many restraining orders will provide a temporary custody arrangement. North Carolina courts will typically enforce a temporary child custody provision included in an out-of-state restraining order as long as the language of the order complies with certain federal laws. A North Carolina family law attorney can advise you on whether your restraining order meets the necessary federal standards to be enforceable.
Unfortunately, North Carolina courts cannot extend, change, or cancel a restraining order that was issued by another state. In order to extend, change or cancel your order, a motion must be filed with the Court that initially issued your order. You may be able to ask to attend the court hearing virtually so that you do not have to return to the issuing Court or be in the same state as the abusive party. If your out-of-state restraining order expires while you are living in North Carolina though, you may also be able to apply for a new protective order or restraining order in a North Carolina court.
You are not required to register an out-of-state restraining order in North Carolina, but you can if you wish. In order to do so, go to the Superior Court in your county, and bring:
(1) a copy of your restraining order;
(2) a copy of the “Request and Affidavit to Register and Registration of Out-of-state Domestic Violence Protective Order” (AOC-CV-315); and
(3) a copy of the “Identifying Information About Defendant Domestic Violence Action” (AOC-CV-312).
Both of the forms listed in (2) and (3) can be found on the North Carolina Judicial Branch website under “Forms.”
Enforcing any order may prove difficult, therefore it is always a good idea to work with a family law attorney.
If you or somebody you know needs help with a Protective Order or Restraining Order, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina law where Theresa’s legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Theresa E. Viera
