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Legal Information: North Carolina

Restraining Orders

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Laws current as of December 10, 2024

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)