What do I have to prove for the judge to grant me a civil no-contact order?
If the judge finds the following is true, s/he can issue a civil no-contact order:
- The abuser was convicted of committing a sex offense against you;
- You did not seek a permanent no-contact order in criminal court under NCGS § 15A-1340.50;
- There are reasonable grounds for you to fear that the abuser will contact you in the future; and
- The abuser received notice of the case, and either
- answered the complaint and notice of the hearing was given, or
- failed to respond to the complaint and is in default.1
1 NCGS § 50D-5(a)
What protections can I get in a civil no-contact order?
A civil no-contact order can order that the abuser not:
- threaten, visit, assault, molest, or otherwise interfere with you;
- follow you, including at your workplace;
- harass you;
- abuse or injure you;
- contact you by telephone, written communication, or electronic means;
- enter or remain present at your residence, school, place of employment, or other specified places at times when you are present;
- The judge can also order anything else s/he finds necessary and appropriate.1
1 NCGS § 50D-5(b)
How is a 50D civil no-contact different than a 50C civil no-contact order or a 50B domestic violence protective order?
All three orders, 50D, 50C and 50B, can protect victims of sexual assault. However, 50D no-contact orders are permanent, whereas 50C and 50B orders must be renewed in person each time the order expires.1 Additionally, another important difference is that victims of sexual assault are only eligible for a 50D civil no-contact order if the offender was convicted and the offense requires registration on the sex-offender registry.2 You can read more about 50C orders on our Civil No-Contact Order (“50C orders”) page and 50B orders on our Domestic Violence Protective Orders (“50B orders”) page.
1 NCGS §§ 50D-1(1);50C-8(c);50B-3(b)
2 NCGS § 50D-5