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I was served with a Civil Summons No contact order in the state of NC. The person who filed the complaint is lying. What do I do
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I am military and reside in the state of NC. I was served a no contact order by someone I work with. The information on the order is a lie. All of the information is false. I have never been to court before and am very unaware of how these things are settled. How and where do I begin when contesting this? I don't want this end up as a black mark on my nearly perfect record. Can someone help me please? The hearing is tomorrow.
If you have not already, you need to hire a lawyer immediately. It sounds as though you have been served with a 50B or a 50C order. A 50B is a no contact order between parties who have been in a "personal relationship." This means people who are:
Current or former spouse;
People of the opposite sex who have lived together;
Related as parents and children or grandparents and grandchildren;
Have a child in common;
Are current or former household members; or
Are or have been in a dating relationship.
A 50C order is appropriate for victims of unlawful conduct that occurred in North Carolina or on behalf of a child or noncompetent adult victim of unlawful conduct in North Carolina.
Either way, the procedure it that the applicant asks for a Temporary Restraining Order and must meet a fairly low burden of showing that s/he wants he TRO and meets the definition and has good cause to request it. The Court will grant the motion for 10 days during which time the subject of the restraining order must be notified of its existence and told about his/her right to fight against its being granted over the long term in a hearing in 10 days. The Permanent Restraining Order hearing is, I believe, the proceeding that you are about to have.
A lawyer can do you a lot of good at a Permanent Restraining Order hearing. In part, this is true because so many people who ask for hearings are not lawyers and do not understand what they are doing. In part, it's because the 50B/50C requests are easily and frequently abused. They are not to be granted unless a credible witness shows that the situation meets very specific requirements. If they are granted though, it could be the beginning of a very long road. Once granted, renewing a Permanent Restraining Order is very each. In essence, an applicant needs simply come to court at the end of a year to say that s/he is still scared and the order will be renewed. Therefore, having a lawyer assist at your one and only meaningful opportunity to fight is crucial.
Good luck!
