When a restraining order is nearing its expiration, it can feel like a ticking clock—especially if the circumstances that led to it are still a concern. Whether you have a 50B protective order for domestic violence or a 50C no-contact order for stalking or harassment, knowing how to renew it is essential to maintaining your peace of mind and safety.
Below we will help you understand the renewal process in North Carolina, clarify key differences between 50B and 50C orders, and explain how to present your case effectively in court.
What’s the difference between a 50B and a 50C?
- 50B protective orders: These are for victims of domestic violence and require a qualifying personal relationship, like a spouse, family member, or cohabitant. They can provide protections like eviction of the abuser, temporary custody of children, and firearm restrictions for the accused.
- 50C no-contact orders: These apply to situations where the victim and the accused do not share a domestic relationship, like a neighbor or co-worker. They are used in cases of stalking or harassment and are generally more limited in scope than 50Bs.
Can restraining orders be renewed?
Yes, restraining orders in North Carolina can be renewed, but the process is not automatic. First, you must show the court that the reasons for the original order still exist, or that new incidents have occurred that justify such an extension.
- For 50B orders: Renewals can extend the order for up to another year. There’s no limit to how many times you can seek a renewal, as long as the threat or abuse continues.
- For 50C orders: Renewals are also possible, but courts may scrutinize these cases more closely to ensure there’s ongoing harassment or stalking.
Steps to renew a restraining order
Step 1: File a motion to renew
Before your order expires, visit the clerk of court in the county where it was originally issued. You’ll need to file a motion to renew the order and explain why an extension is necessary.
Key documents to bring:
- A copy of your current order.
- Any new evidence of threats, harassment, or abuse that has occurred since the original order was granted.
Step 2: Prepare for your hearing
The court will schedule a hearing to review your motion. Just like when the original order was issued, the accused will have the opportunity to appear and contest the renewal.
Here’s how to prepare:
- Gather Evidence: Bring records of any threatening communications, police reports, or witness statements.
- Be Specific: Courts respond to details. You should be able to describe specific incidents that show why you still need protection. Dates, times, and patterns of behavior are your best tools.
- Consider Witnesses: If others have seen or heard anything relevant, their testimony could strengthen your case.
Step 3: Attend the hearing
At the hearing, the judge will evaluate your motion and the evidence you present. They’ll determine whether there’s still a credible threat to your safety or if the order should be allowed to expire.
What if the renewal is denied?
If the court denies your request to renew, the original order will expire, and its protections will end. This doesn’t mean you’re out of options:
- File a new order: If there’s a new incident or ongoing threat, you can file for a new 50B or 50C order.
- Contact law enforcement: If the defendant continues to threaten or harass you after the order expires, report it to the police immediately.
What if the order is violated?
If the defendant has violated the current order before it expires, this can be powerful evidence in favor of renewal. Violating a restraining order is a criminal offense in North Carolina, and documenting these incidents can show the court that the threat is ongoing.
The bottom line
Renewing a restraining order in North Carolina may feel daunting, but it’s a vital step in protecting yourself. Whether you’re seeking a 50B or 50C renewal, preparation and clear evidence are your best allies.
And remember, the legal system is designed to protect those who seek its help. If you’re in doubt or need support, don’t hesitate to reach out to an experienced attorney who can guide you through the process.
You don’t have to face this alone. With the right approach, you can ensure that your safety remains a priority.