How Do I Get a Restraining Order Lifted in North Carolina?

A restraining order in North Carolina, whether issued for domestic violence, harassment, or another protective reason, can have serious consequences on your personal and professional life. 

If you are going through it, you might be asking yourself if it is possible to get a restraining order lifted, and how do I do it? The answer is yes, but the process requires careful legal steps.

If you are seeking to lift a restraining order, At Martine Law, our attorneys are here to help you understand the legal system and work toward the best possible outcome.

What Is a Restraining Order in North Carolina?

A restraining order, also called an order of protection, is a court-issued directive that limits your contact with another person. Violating it can lead to criminal charges, fines, and jail time. Restraining orders can be temporary or long-term, and they may include restrictions on:

• Direct or indirect contact with the protected person 
• Visiting certain locations, such as the person’s home, work, or school 
• Possessing firearms or other weapons 
• Communication through third parties, social media, or other indirect means 

When Can a Restraining Order Be Lifted?

A restraining order may be lifted if:

• The person who requested it agrees to its removal 
• Circumstances have changed, making the order unnecessary 
• You can demonstrate to the court that the order was obtained under false claims or is no longer justified 

The decision to lift the order rests with the judge, who evaluates whether removing the order will still ensure safety and prevent harm.

Steps to Request the Lifting of a Restraining Order

1. File a Motion with the Court 
   • You must submit a written request to the court that issued the order, explaining why it should be lifted. 
2. Provide Evidence 
   • Include proof that circumstances have changed, such as proof of no contact violations, rehabilitation, or other relevant documentation. 
3. Attend a Hearing 
   • The court will schedule a hearing to review your request. Both parties may present evidence and testimony. 
4. Judge’s Decision 
   • After reviewing the facts, the judge will decide whether to modify or lift the restraining order.

How a Lawyer Can Help

Are you or a loved one at risk of ongoing restrictions due to a restraining order? You are not alone. Let our team of expert attorneys help you. At Martine Law, we can:

• Prepare and file your motion to lift the order 
• Represent you in court and present evidence effectively 
• Negotiate with the opposing party to reach an agreement 
• Ensure your rights are protected throughout the process 

Key Takeaways

• Restraining orders can have long-lasting impacts on your life and must be taken seriously. 
• Orders may be lifted if circumstances have changed or if the order was improperly obtained. 
• The process requires filing a motion, attending a hearing, and presenting evidence. 
• Experienced legal guidance increases the likelihood of a successful outcome. 
• You are not alone; Martine Law’s team of expert North Carolina attorneys can help you navigate this process and protect your rights.

Let our team of expert attorneys at Martine Law help you lift a restraining order and work toward a resolution that safeguards your rights and future. Call Today.