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EspañolWhat is the definition of unlawful conduct?
For the purpose of getting a workplace no-contact order, “unlawful conduct” means the abuser (respondent) is doing one or more of the following acts against an employee:
- attempting to cause or intentionally causing bodily injury;
- following, being in the presence of, or otherwise harassing the employee on more than one occasion in order to make the employee fear for his/her safety; or
- threatening injury in a way that makes the employee reasonably believe the threat will be carried out. The threat can be made orally, in writing, or by any other means.1
1 N.C. Gen. Stat. § 95-260(3)
Who can file for a workplace no-contact order?
An employer can file for a workplace no-contact order if an employee has been the victim of unlawful conduct that happened at the employee’s workplace.1
The employer is required to check with the employee who is being abused before filing to determine if there are any safety concerns that need to be addressed so that the employee can take part in the case. An employee who is not willing to participate in the court case cannot be disciplined by the employer.1
If you are a victim of unlawful conduct at work, you might decide to ask your employer if they would file for a workplace no-contact order to protect you. Alternatively, you could file for a domestic violence protective order, civil no-contact order, or civil no-contact order for victims of registered sex offenders on your own.
1 N.C. Gen. Stat. § 95-261
Who can be protected by a workplace no-contact order?
A workplace no-contact order can protect an employee who has been the subject of unlawful conduct by the respondent. Depending on what protections the judge decides to put in the order, the employer and the employee’s co-workers may also be protected.1
1 N.C. Gen. Stat. § 95-264(b)
What types of workplace no-contact orders are there? How long do they last?
There are two types of orders, a temporary no-contact order and a permanent no-contact order.1
A temporary workplace no-contact order can be issued without notice to the respondent (ex parte) only if:
- It is clear from the specific facts included in the employer’s verified complaint or affidavit that there could be immediate injury, loss, or damage to the employer or employee before the respondent can come to court for a hearing; and
- The employer certifies in writing either of the following:
- what efforts have been made to give notice to the respondent and the reasons why notice should not be required; or
- there is good cause to grant an ex parte order because the harm that the employer is trying to prevent is likely to happen if the respondent is given any prior notice of the case.2
A temporary order can last for up to ten days until a hearing can be held, unless it is extended beyond that time for a good reason (good cause). If the employer is also requesting a permanent order, the judge will schedule a hearing as soon as possible and the sheriff will serve the paperwork on the respondent. A respondent may ask for a temporary order to be terminated (dissolved) or changed (modified) after giving two days’ notice to the employer.3
At the hearing, both sides will have the chance to appear before the judge and present testimony and evidence. A permanent workplace no-contact order may be issued if the judge believes that the respondent has committed unlawful conduct against the employee. Additionally, one of the following must be true:
- The court paperwork was properly served on the respondent;
- The respondent has answered the complaint and notice of the hearing was given to him/her; or
- The respondent did not show up to the hearing (defaulted).4
A permanent order can last for up to one year.5 If the respondent appears in court when the employer is requesting a temporary order, the judge has the option to issue a permanent order at that hearing if all of the requirements are met.6
Note: Any order that is set to expire on a day that is a court holiday will instead be considered to expire at the close of the next business day that the court is in session.7
1 N.C. Gen. Stat. § 95-264(a)
2 N.C. Gen. Stat. § 95-265(a)
3 N.C. Gen. Stat. §§ 95-267(a); 95-268
4 N.C. Gen. Stat. §§ 95-263(c); 95-266
5 N.C. Gen. Stat. § 95-267(b)
6 N.C. Gen. Stat. § 95-265(c)
7 N.C. Gen. Stat. § 95-267(d)
What protections can be included in a workplace no-contact order?
In both a temporary and permanent order, the judge can order the respondent to:
- not visit, assault, bother (molest), or otherwise interfere with:
- the employer;
- the employees at their workplace; or
- the employer’s business;
- not stalk or harass the employee at the employer’s workplace;
- not harass the employer at the employer’s workplace;
- not abuse or injure the employer, including the property or employees at the employer’s workplace;
- not contact the employee or employer at the employer’s workplace by phone, writing, or electronic means; or
- do anything else the judge decides is necessary and appropriate.1
1 N.C. Gen. Stat. § 95-264(b)
Where can an employer file for a workplace no-contact order?
An employer must file for a workplace no-contact order in the county where the unlawful conduct happened.1 The employer can request the order by filing:
- a verified complaint in civil district court; or
- a motion in any existing civil case (civil action) between the parties.2
If the court is not in session, the employer can file the paperwork asking for an immediate temporary order with any judge or magistrate who is authorized to issue this type of order. Each county should have at least one judge or magistrate “reasonably available” for this purpose.3
1 N.C. Gen. Stat. § 95-262(b)
2 N.C. Gen. Stat. § 95-262(a)
3 N.C. Gen. Stat. § 95-265(d)
