Extending Restraining Order


#1

Dear Atpeace:

Greetings. Our domestic violence statutes were recently “upgraded” by our General Assembly here in NC. Now, a domestic violence restraining order may be renewed for “good cause.” The statute was also changed to add the following language: “The commission of an act as defined in G.S. 50B-1(a) by the defendant after entry of the
current order is not required for an order to be renewed.”

So, yes, I think his long accusatory and condescending letters/e-mails will be enough for you. Just make certain to get it extended well before it expires. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

It’s been almost a year. We agreed to communicated via e-mail for important issues regarding our daughter. He has replied to my e-mails with accusatory, condescending, 1+ page responses to my two paragraph informational e-mails. He has only threatened legal action (and I’m up for it if necessary), no physical harm. My question is, could this be considered harassing? Is it enough to request a continuation of the restraining order? A year is not enough; especially when everything comes to a head after one year her in NC! Another year would give things a chance to smooth out, but he’s been walking that fine line between harassment ever since.

Thank you!