Civil No-Contact Order
What is a civil no contact order (CNC)?
A civil no contact order (also known as a 50C order), is a court order that aims to protect you from unwanted sexual conduct or stalking by someone you do NOT have an intimate or familial relationship with* (such as an acquaintance, coworker, neighbor, or stranger). If you have one of the intimate or familial relationships with the offender that is described in Who can get a domestic violence protection order (DVPO)?, then you would need to file for a domestic violence protective order (DVPO), not a CNC.
In a civil no contact order, a judge can order the abuser or stalker to stop all nonconsensual sexual conduct, to stop stalking you and to stay away from you. You may receive a temporary order, which will last until you can have a full court hearing (usually within 10 days) and a permanent order, which will last up to one year.
What types of civil no contact orders are there? How long do they last?
In NC, there are two types of civil no contact orders: a temporary civil no contact order, and a permanent civil no contact order (for one year).
Temporary Civil No Contact Order
A temporary civil no contact order is designed to provide you with immediate protection from the abuser/stalker. A judge may issue a temporary order on the same day you file your complaint for a civil no contact order without giving the offender a chance to be heard at the initial hearing if s/he believes that there is a serious and immediate danger to you.
A temporary protective order is usually issued without the abuser/stalker present (“ex parte”). This order will generally last for up to 10 days, until the court can schedule a hearing where the abuser /stalker can be present. It can be extended (and the hearing can be delayed) if there is “good cause” to do so or if the respondent consents.** The temporary order is not valid until the respondent (abuser/stalker) is served with a copy of the order.
Permanent Civil No Contact Order
In order to get a permanent civil no contact order, you need to have a full court hearing. The abuser or stalker has to be served with notice of the hearing so s/he has an opportunity to attend. At the hearing, you will both have a chance to present evidence, witnesses and testimony to prove your case. It may be best to have an attorney present at this hearing to make sure your rights are protected.
A permanent no contact civil order lasts up to one year. You can ask the court to extend the order, but you must do so before it expires.
Note: If you have a temporary no contact order, this will protect you from the time the temporary order is entered until your full court hearing for the permanent order takes place, usually within 10 days. A permanent civil no contact order offers the same type of protection as a temporary no contact order, but it lasts longer.
How can a civil no contact order help me?
A civil no contact order can:
- Order the respondent not to visit, assault, molest, or interfere with you in any way.
- Order the respondent to stop stalking or harassing you, including at your workplace.
- Order the respondent not to abuse or injure you.
- Order the respondent not to contact you by telephone, written communication, or electronic means (i.e., email or social websites).
- Order the respondent to stay away from your residence, school, work, or other specified places at times when you are present.
- Order other relief that the court thinks is necessary and appropriate to protect you.*
Where do I file for a civil no contact order?
You can file for a civil no contact order in the district court in the county where you live, in the county where the abuser/stalker lives, or in the county where the unlawful conduct took place.
Taken from: http://www.womenslaw.org/laws_state_type.php?statelaw_name=Restraining%20Orders&state_code=NC
For more information or assistance on obtaining Civil No Contact Orders please contact OASIS.
Rm. 324, Plemmons Student Union
Boone, NC 28608
Phone: (828) 262-8284