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Stalking is a Crime

It is illegal to harass or stalk a person in North Carolina

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North Carolina

Stalking And Harassment Charges

WHAT TO EXPECT

North Carolina law makes it illegal to harass or stalk a person under several different laws—sometimes even at the felony level. If someone is alleging that you harassed or are stalking them, this can also have consequences at both the criminal and civil levels if the person also files a restraining order against you. Please contact one of PRJ’s skilled attorneys as soon as possible to discuss your case’s individualized needs.

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Nc Laws

Stalking

Under N.C.G.S. § 14-277.3A, stalking requires that on more than one occasion, the defendant willfully harassed another person without having a legal purpose to do so, or willfully engaged in two or more acts directed at a specific person without any legal purpose, while knowing (or when they should have known) that such acts would cause a reasonable person to either:

  • Be put in fear of continued harassment, bodily injury or death to the point that it results in substantial emotional distress; or
  • Fear for their own safety or the safety of their close personal associates or immediate family.

For a first conviction, stalking is a Class A1 misdemeanor. However, if you have a previous conviction for stalking, the offense becomes a Class F felony. Similarly, if the offense is committed while the defendant is subject to a court order prohibiting such conduct (a restraining order), the offense becomes a Class H felony.

HARASSING PHONE CALLS

This offense is a Class 2 misdemeanor under N.C.G.S. § 14-196. This offense is typically prosecuted where the defendant is alleged to have used a phone to:

  • Threaten to inflict physical injury to another’s property, or to inflict bodily harm on that person, their child, other dependent, spouse or sibling, or to threaten for the purpose of extorting the person;
  • Call repeatedly for the purpose of annoying, abusing, embarrassing, harassing, threatening or terrifying any person at that number (whether or not conversation actually ensues);
  • Call and hang up with the intent to disrupt that person’s phone service (i.e., to cause the line to be busy);
  • Call someone and make statements the defendant knows are false regarding the death, disfigurement, injury, illness, or indecent or criminal conduct of that person or of any member of their household or family, with the intent of annoying, abusing, embarrassing, harassing, threatening or terrifying; or
  • Knowingly let any phone under the defendant’s control be used for any of the above conduct.

If you are facing any of the above charges, or have had a restraining order filed against you including those allegations, contact an attorney as soon as possible to begin building your defense. Our attorneys at PRJ Law have decades of experience defending individuals against such charges and against domestic violence and civil restraining orders.

COMMUNICATING THREATS

Although it may seem counterintuitive, communicating threats (a Class 1 misdemeanor) is actually punished more severely in North Carolina than simple assault (a Class 2 misdemeanor). N.C.G.S. § 14-277.1 requires that:

  • The defendant willfully threatens to damage the other person’s property, or to physically injure the person, their child, other dependent, spouse or sibling;
  • The defendant communicates that threat to the other person via any means, including verbally or in writing;
  • The threat is made in a way and under circumstances that would cause a reasonable person in that person’s shoes to believe that the threat is likely to be carried out; and
  • The person threatened does in fact believe that the threat will be carried out.

Even if the defendant is not the party who communicates the threat to the other person, this can still count as communicating threats. For example, if Anne tells Bill she intends to hurt Carl, Anne can still

North Carolina

Stalking Laws

§ 14-277.3A. Stalking.....continued on the next page

(a) Legislative Intent. – The General Assembly finds that stalking is a serious problem in this State and nationwide. Stalking involves severe intrusions on the victim’s personal privacy and autonomy. It is a crime that causes a long-lasting impact on the victim’s quality of life and creates risks to the security and safety of the victim and others, even in the absence of express threats of physical harm. Stalking conduct often becomes increasingly violent over time. The General Assembly recognizes the dangerous nature of stalking as well as the strong connections between stalking and domestic violence and between stalking and sexual assault. Therefore, the General Assembly enacts this law to encourage effective intervention by the criminal justice system before stalking escalates into behavior that has serious or lethal consequences. The General Assembly intends to enact a stalking statute that permits the criminal justice system to hold stalkers accountable for a wide range of acts, communications, and conduct. The General Assembly recognizes that stalking includes, but is not limited to, a pattern of following, observing, or monitoring the victim, or committing violent or intimidating acts against the victim, regardless of the means. (b) Definitions. – The following definitions apply in this section: (1) Course of conduct. – Two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, is in the presence of, or follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. (2) Harasses or harassment. – Knowing conduct, including written or printed communication or transmission, telephone, cellular, or other wireless telephonic communication, facsimile transmission, pager messages or transmissions, answering machine or voice mail messages or transmissions, and electronic mail messages or other computerized or electronic transmissions directed at a specific person that torments, terrorizes, or terrifies that person and that serves no legitimate purpose. (3) Reasonable person. – A reasonable person in the victim’s circumstances. (4) Substantial emotional distress. – Significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.

§ 14-277.3A. Stalking ....Continued from previous page

(c) Offense. – A defendant is guilty of stalking if the defendant willfully on more than one occasion harasses another person without legal purpose or willfully engages in a course of conduct directed at a specific person without legal purpose and the defendant knows or should know that the harassment or the course of conduct would cause a reasonable person to do any of the following: (1) Fear for the person’s safety or the safety of the person’s immediate family or close personal associates. (2) Suffer substantial emotional distress by placing that person in fear of death, bodily injury, or continued harassment. (d) Classification. – A violation of this section is a Class A1 misdemeanor. A defendant convicted of a Class A1 misdemeanor under this section, who is sentenced to a community punishment, shall be placed on supervised probation in addition to any other punishment imposed by the court. A defendant who commits the offense of stalking after having been previously convicted of a stalking offense is guilty of a Class F felony. A defendant who commits the offense of stalking when there is a court order in effect prohibiting the conduct described under this section by the defendant against the victim is guilty of a Class H felony. G.S. 14-277.3A Page 2 (e) Jurisdiction. – Pursuant to G.S. 15A-134, if any part of the offense occurred within North Carolina, including the defendant’s course of conduct or the effect on the victim, then the defendant may be prosecuted in this State. (2008-167, s. 2.)

§ 14-277.1. Communicating threats.

(a) A person is guilty of a Class 1 misdemeanor if without lawful authority: (1) He willfully threatens to physically injure the person or that person’s child, sibling, spouse, or dependent or willfully threatens to damage the property of another; (2) The threat is communicated to the other person, orally, in writing, or by any other means; (3) The threat is made in a manner and under circumstances which would cause a reasonable person to believe that the threat is likely to be carried out; and (4) The person threatened believes that the threat will be carried out. (b) A violation of this section is a Class 1 misdemeanor. (1973, c. 1286, s. 11; 1993, c. 539, s. 172; 1994, Ex. Sess., c. 24, s. 14(c); 1999-262, s. 2.)

§ 14-196. Using profane, indecent or threatening language to any person over telephone; annoying or harassing by repeated telephoning or making false statements over telephone.

(a) It shall be unlawful for any person: (1) To use in telephonic communications any words or language of a profane, vulgar, lewd, lascivious or indecent character, nature or connotation; (2) To use in telephonic communications any words or language threatening to inflict bodily harm to any person or to that person’s child, sibling, spouse, or dependent or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person; (3) To telephone another repeatedly, whether or not conversation ensues, for the purpose of abusing, annoying, threatening, terrifying, harassing or embarrassing any person at the called number; (4) To make a telephone call and fail to hang up or disengage the connection with the intent to disrupt the service of another; (5) To telephone another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct or criminal conduct of the person telephoned or of any member of his family or household with the intent to abuse, annoy, threaten, terrify, harass, or embarrass; (6) To knowingly permit any telephone under his control to be used for any purpose prohibited by this section. (b) Any of the above offenses may be deemed to have been committed at either the place at which the telephone call or calls were made or at the place where the telephone call or calls were received. For purposes of this section, the term “telephonic communications” shall include communications made or received by way of a telephone answering machine or recorder, telefacsimile machine, or computer modem. (c) Anyone violating the provisions of this section shall be guilty of a Class 2 misdemeanor. (1913, c. 35; 1915, c. 41; C.S., s. 4351; 1967, c. 833, s. 1; 1989, c. 305; 1993, c. 539, s. 128; 1994, Ex. Sess., c. 24, s. 14(c); 1999-262, s. 1; 2000-125, s. 2.)

§ 14-196.3. Cyberstalking.. continued on next page

(a) The following definitions apply in this section: (1) Electronic communication. – Any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature, transmitted in whole or in part by a wire, radio, computer, electromagnetic, photoelectric, or photo-optical system. (2) Electronic mail. – The transmission of information or communication by the use of the Internet, a computer, a facsimile machine, a pager, a cellular telephone, a video recorder, or other electronic means sent to a person identified by a unique address or address number and received by that person. (3) Electronic tracking device. – An electronic or mechanical device that permits a person to remotely determine or track the position and movement of another person. (4) Fleet vehicle. – Any of the following: (i) one or more motor vehicles owned by a single entity and operated by employees or agents of the entity for business or government purposes, (ii) motor vehicles held for lease or rental to the general public, or (iii) motor vehicles held for sale, or used as demonstrators, test vehicles, or loaner vehicles, by motor vehicle dealers. (b) It is unlawful for a person to: (1) Use in electronic mail or electronic communication any words or language threatening to inflict bodily harm to any person or to that person’s child, sibling, spouse, or dependent, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person. (2) Electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of abusing, annoying, threatening, terrifying, harassing, or embarrassing any person. (3) Electronically mail or electronically communicate to another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person’s family or household with the intent to abuse, annoy, threaten, terrify, harass, or embarrass. (4) Knowingly permit an electronic communication device under the person’s control to be used for any purpose prohibited by this section. (5) Knowingly install, place, or use an electronic tracking device without consent, or cause an electronic tracking device to be installed, placed, or used without consent, to track the location of any person. The provisions of this subdivision do not apply to the installation, placement, or use of an electronic tracking device by any of the following:

§ 14-196.3. Cyberstalking... Continued on next page

a. A law enforcement officer, judicial officer, probation or parole officer, or employee of the Division of Corrections, Department of Public Safety, when any such person is engaged in the lawful performance of official duties and in accordance with State or federal law. b. The owner or lessee of any vehicle on which the owner or lessee installs, places, or uses an electronic tracking device, unless the owner or lessee is subject to (i) a domestic violence protective order under Chapter 50B of the General Statutes or (ii) any court order that G.S. 14-196.3 Page 2 orders the owner or lessee not to assault, threaten, harass, follow, or contact a driver or occupant of the vehicle. c. A legal guardian for a disabled adult, as defined in G.S. 108A-101(d), or a legally authorized individual or organization designated to provide protective services to a disabled adult pursuant to G.S. 108A-105(c), when the electronic tracking device is installed, placed, or used to track the location of the disabled adult for which the person is a legal guardian or the individual or organization is designated to provide protective services. d. The owner of fleet vehicles, when tracking such vehicles. e. A creditor or other secured party under a retail installment agreement involving the sale of a motor vehicle or the lessor under a retail lease of a motor vehicle, and any assignee or successor in interest to that creditor, secured party, or lessor, when tracking a motor vehicle identified as security under the retail installment sales agreement or leased pursuant to a retail lease agreement, including the installation, placement, or use of an electronic tracking device to locate and remotely disable the motor vehicle, with the express written consent of the purchaser, borrower, or lessee of the motor vehicle. f. The installation, placement, or use of an electronic tracking device authorized by an order of a State or federal court. g. A motor vehicle manufacturer, its subsidiary, or its affiliate that installs or uses an electronic tracking device in conjunction with providing a vehicle subscription telematics service, provided that the customer subscribes or consents to that service. h. A parent or legal guardian of a minor when the electronic tracking device is installed, placed, or used to track the location of that minor unless the parent or legal guardian is subject to a domestic violence protective order under Chapter 50B of the General Statutes or any court order that orders the parent or legal guardian not to assault, threaten, harass, follow, or contact that minor or that minor’s parent, legal guardian, custodian, or caretaker as defined in G.S. 7B-101.

§ 14-196.3. Cyberstalking continued from previous page

i. An employer, when providing a communication device to an employee or contractor for use in connection with his or her work for the employer. j. A business, if the tracking is incident to the provision of a product or service requested by the person, except as limited in sub-subdivision k. of this subdivision. k. A private detective or private investigator licensed under Chapter 74C of the General Statutes, provided that (i) the tracking is pursuant to authority under G.S. 74C-3(a)(8), (ii) the tracking is not otherwise contrary to law, and (iii) the person being tracked is not under the protection of a domestic violence protective order under Chapter 50B of the General Statutes or any other court order that protects against assault, threat, harassment, following, or contact. (c) Any offense under this section committed by the use of electronic mail or electronic communication may be deemed to have been committed where the electronic mail or electronic communication was originally sent, originally received in this State, or first viewed by any person in this State. (d) Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor. (e) This section does not apply to any peaceable, nonviolent, or nonthreatening activity intended to express political views or to provide lawful information to others. This section shall not be construed to impair any constitutionally protected activity, including speech, protest, or assembly. (2000-125, s. 1; 2000-140, s. 91; 2015-282, s. 1.)

§ 50C-1. Definitions.

The following definitions apply in this Chapter: (1) Abuse. – To physically or mentally harm, harass, intimidate, or interfere with the personal liberty of another. (2) Civil no-contact order. – An order granted under this Chapter, which includes a remedy authorized by G.S. 50C-5. (3) Nonconsensual. – A lack of freely given consent. (4) Sexual conduct. – Any intentional or knowing touching, fondling, or sexual penetration by a person, either directly or through clothing, of the sexual organs, anus, or breast of another, whether an adult or a minor, for the purpose of sexual gratification or arousal. For purposes of this subdivision, the term shall include the transfer or transmission of semen. (5) Repealed by Session Laws 2004-199, s. 50, effective August 17, 2004. (6) Stalking. – On more than one occasion, following or otherwise harassing, as defined in G.S. 14-277.3A(b)(2), another person without legal purpose with the intent to do any of the following: a. Place the person in reasonable fear either for the person’s safety or the safety of the person’s immediate family or close personal associates. b. Cause that person to suffer substantial emotional distress by placing that person in fear of death, bodily injury, or continued harassment and that in fact causes that person substantial emotional distress. (7) Unlawful conduct. – The commission of one or more of the following acts by a person 16 years of age or older upon a person, but does not include acts of self-defense or defense of others: a. Nonconsensual sexual conduct, including single incidences of nonconsensual sexual conduct. b. Stalking. (8) Victim. – A person against whom an act of unlawful conduct has been committed by another person not involved in a personal relationship with the person as defined in G.S. 50B-1(b). (2004-194, s. 1; 2004-199, s. 50; 2007-199, s. 1; 2009-58, s. 6.)

§ 50C-5. Civil no-contact order; remedy.

(a) Upon a finding that the victim has suffered unlawful conduct committed by the respondent, the court may issue temporary or permanent civil no-contact orders as authorized in this Chapter. In determining whether or not to issue a civil no-contact order, the court shall not require physical injury to the victim. (b) The court may grant one or more of the following forms of relief in its orders under this Chapter: (1) Order the respondent not to visit, assault, molest, or otherwise interfere with the victim. (2) Order the respondent to cease stalking the victim, including at the victim’s workplace. (3) Order the respondent to cease harassment of the victim. (4) Order the respondent not to abuse or injure the victim. (5) Order the respondent not to contact the victim by telephone, written communication, or electronic means. (6) Order the respondent to refrain from entering or remaining present at the victim’s residence, school, place of employment, or other specified places at times when the victim is present. (7) Order other relief deemed necessary and appropriate by the court, including assessing attorneys’ fees to either party. (c) A civil no-contact order shall include the following notice, printed in conspicuous type: “A knowing violation of a civil no-contact order shall be punishable as contempt of court which may result in a fine or imprisonment.” (2004-194, s. 1; 2013-390, s. 5.)

§ 50C-6. Temporary civil no-contact order; court holidays and evenings.

(a) A temporary civil no-contact order may be granted ex parte, without evidence of service of process or notice, only if both of the following are shown: (1) It clearly appears from specific facts shown by a verified complaint or affidavit that immediate injury, loss, or damage will result to the victim before the respondent can be heard in opposition. (2) Either one of the following: a. The complainant certifies to the court in writing the efforts, if any, that have been made to give the notice and the reasons supporting the claim that notice should not be required. b. The complainant certified to the court that there is good cause to grant the remedy because the harm that the remedy is intended to prevent would likely occur if the respondent were given any prior notice of the complainant’s efforts to obtain judicial relief. (b) Every temporary civil no-contact order granted without notice shall: (1) Be endorsed with the date and hour of issuance. (2) Be filed immediately in the clerk’s office and entered of record. (3) Define the injury, state why it is irreparable and why the order was granted without notice. (4) Expire by its terms within such time after entry, not to exceed 10 days. (5) Give notice of the date of hearing on the temporary order as provided in G.S. 50C-8(a). (c) If the respondent appears in court for a hearing on a temporary order, the respondent may elect to file a general appearance and testify. Any resulting order may be a temporary order, governed by this section. Notwithstanding the requirements of this section, if all requirements of G.S. 50C-7 have been met, the court may issue a permanent order. (d) When the court is not in session, the complainant may file for a temporary order before any judge or magistrate designated to grant relief under this Chapter. If the judge or magistrate finds that there is an immediate and present danger of harm to the victim and that the requirements of subsection (a) of this section have been met, the judge or magistrate may issue a temporary civil no-contact order. The chief district court judge may designate for each county at least one judge or magistrate to be reasonably available to issue temporary civil no-contact orders when the court is not in session. (e) Hearings held to consider ex parte relief pursuant to subsection (a) of this section may be held via video conference. (2004-194, s. 1; 2015-62, s. 3(d).)

§ 50C-7. Permanent civil no-contact order.

Upon a finding that the victim has suffered an act of unlawful conduct committed by the respondent, a permanent civil no-contact order may issue if the court additionally finds that process was properly served on the respondent, the respondent has answered the complaint and notice of hearing was given, or the respondent is in default. No permanent civil no-contact order shall be issued without notice to the respondent. Hearings held to consider permanent relief pursuant to this section shall not be held via video conference. (2004-194, s. 1; 2013-390, s. 3; 2015-62, s. 3(e).)

§ 50C-8. Duration; extension of orders.

(a) A temporary civil no-contact order shall be effective for not more than 10 days as the court fixes, unless within the time so fixed the temporary civil no-contact order, for good cause shown, is extended for a like period or a longer period if the respondent consents. The reasons for the extension shall be stated in the temporary order. If a temporary ex parte civil no-contact order: (1) Is granted without notice and a motion for a permanent civil no-contact order is made, it shall be set down for hearing within 10 days from the date of the motion. (2) Is denied, the trial on the plaintiff’s motion for a civil no-contact order shall be set for hearing within 30 days from the date of the denial. When the motion for a permanent civil no-contact order comes on for hearing, the complainant may proceed with a motion for a permanent civil no-contact order, and, if the complainant fails to do so, the judge shall dissolve the temporary civil no-contact order. On two days’ notice to the complainant or on such shorter notice to that party as the judge may prescribe, the respondent may appear and move its dissolution or modification. In that event the judge shall proceed to hear and determine such motion as expeditiously as the ends of justice require. (b) A permanent civil no-contact order shall be effective for a fixed period of time not to exceed one year. (c) Any order may be extended one or more times, as required, provided that the requirements of G.S. 50C-6 or G.S. 50C-7, as appropriate, are satisfied. The court may renew an order, including an order that previously has been renewed, upon a motion by the complainant filed before the expiration of the current order. The court may renew the order for good cause. The commission of an act of unlawful conduct by the respondent after entry of the current order is not required for an order to be renewed. If the motion for extension is uncontested and the complainant seeks no modification of the order, the order may be extended if the complainant’s motion or affidavit states that there has been no material change in relevant circumstances since entry of the order and states the reason for the requested extension. Extensions may be granted only in open court and not under the provisions of G.S. 50C-6(d). (d) Any civil no-contact order expiring on a day the court is not open for business shall expire at the close of the next court business day. (2004-194, s. 1; 2006-264, s. 41; 2013-390, s. 4.)

North Carolina

Stalking Faqs

What are examples of stalking?
  1. Continuing to call you even though you have told them to stop
  2. Repeatedly leaving or sending you obscene, harassing or threatening messages
  3. Driving by your home, school or place of employment or intimidating you
  4. Persistently leaving or sending unwanted letters, notes, cards or gifts
  5. Watching you from a distance or following you
  6. Appearing unexpectedly at places you frequent or don’t frequent “just by chance”
  7. Contacting and/or threatening your friends, family members, neighbors or coworkers
  8. Damaging of threatening to damage your home, car or other property
What is the definition of cyberstalking?

North Carolina has a law specifically dedicated to cyberstalking. Cyberstalking is the use of the Internet, email, or other electronic communications to stalk, and generally refers to a pattern of threatening or harmful malicious behaviors occurring online.

What is the legal definition of stalking?

Stalking is generally when someone repeatedly follows or harasses you with the intent to place you in reasonable fear for your safety or your immediate family’s safety or to cause you emotional distress (harm).1 1 NCGS § 50C-1(4), (6) & (7)

What are stalking penalties?

Stalking: Class A1 misdemeanor. If court order in effect, Class H felony. Cyberstalking: Class 2 misdemeanor Penalty for Repeat Offenses: Felony (Repeat Offenders)
Penalties can also include probation, jail time, anger management classes, community service, fines, and restitution to the victim(s). Factors such as prior offenses or history of domestic violence help determine the severity of the punishment. Sentence may also include a restraining or protective order.

What types of civil no-contact orders are there?

1. A temporary civil no-contact order, and 2. A permanent civil no-contact order (for one year).

What is a temporary civil-contact order?

A temporary civil no-contact order is designed to provide you with immediate protection from the abuser/stalker. A judge may issue an ex parte 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. Note: Hearings held to consider an ex parte temporary civil no-contact order may be held via video conference. (NCGS § 50C-6) The temporary order will generally last for up to 10 days until the court hearing where the abuser / stalker can be present.

How do I get a permanent civil 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. Unlike ex parte hearings, a hearing for a final domestic violence protective order cannot be held via video conference.(NCGS § 50C-8(e)) 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.(NCGS § 50C-8(c)

How does a judge decide to extend a temporary order to a final order?

The judge will hold a hearing generally within 10 days from when the temporary order was issued to decide whether or not to extend your order. During this hearing, the respondent can respond to the allegations of unlawful conduct that you included in your petition to get the temporary order and can try and explain, excuse, justify, or deny his/her conduct. The judge will then consider all of the evidence and decide whether or not the unlawful conduct actually happened. The judge has to believe that it is “more likely than not” that an act of unlawful conduct (unwanted sexual conduct or stalking) happened to rule in your favor. If the judge decides that an act of unlawful conduct did occur, then s/he will grant you a final order. (NCGS § 50C-7)

What protections can I get in a civil no-contact order?

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; and
  • Order other relief that the court thinks is necessary and appropriate to protect you, including ordering either party to pay the other’s attorney’s fees. (NCGS § 50C-5(b)
Where do I file a complaint?

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. (NCGS § 50C-2

Can I get an order against an abuser if they live in a different state?

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

Can I get an order against an abuser if they live in a different state?

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

How can a court can have personal jurisdiction over an out-of-state abuser?

The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction. However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

Am I eligible to file for a civil no-contact order?

Any person who has suffered nonconsensual sexual acts or stalking as defined by North Carolina law can apply to the court for a civil no-contact order. These acts must be committed by someone you do not have an intimate or familial relationship with. (NCGS § 50C-1(8)

Can an employer file a complaint?

Yes, an employer can file a complaint for civil no-contact order pursuant to the Workplace Violence Prevention Act. The employer could be eligible to file if an employee has suffered “unlawful conduct” from the respondent that could be interpreted to have taken place at the employee’s workplace. (Complaint for civil no-contact order pursuant to the Workplace Violence Prevention Act)

Can I apply for a civil no-contact order if I am a minor?

A parent or legal guardian has to file a civil no-contact order for you. (NCGS § 50C-2(a)(2))

Can I file for a civil no-contact order against a minor?

A civil no-contact order can only be filed against someone who is 16 years old or older.1 However, you can still report any act of unwanted sexual conduct or stalking by someone of any age (including someone under 16) to the police. (NCGS § 50C-1(7)

What are the steps involved with getting a civil no-contact order?

The steps to get a civil no-contact order are similar to the steps to get a domestic violence protective order. If you have any questions, call the clerk of court. You can find the contact information for your courthouse’s clerk on the NC Courthouse Locations page .

Where do I file a complaint?

In general, you have to file a complaint 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.(NCGS § 50C-2(a) Service upon the respondent will be done via “personal service” by the sheriff’s department. If the sheriff cannot locate the respondent, s/he can be served by publication, which is explained in the law here (go to subsection (j)(NCGS §§ 50C-3(b); 1A-4(j).2 The respondent has the option of filing a written answer with the court to respond to your allegations in the complaint within 10 days of service. If s/he does not answer and does not appear in court, the judge may grant you the order on “default.”(NCGS § 50C-3(a),(c)

How much does a civil no-contact order cost?

Nothing. A civil no-contact order is free of charge. (NCGS §§ 50C-2(b); 1-82)

If I am trying to get a civil no-contact order will the stalker be notified?

The abuser or stalker must be personally served with a copy of your petition and the temporary no-contact order (if there is one) as well as notice of the hearing where the judge will decide whether or not to grant you a final civil no-contact order. (NCGS § 50C-3(b)). The legal papers (summons, notice, temporary order) will be served upon the respondent personally by the sheriff and if the sheriff cannot locate the respondent, s/he can be served by publication, which is explained in the law on our Selected North Carolina Statutes page, subsection (j1). (NCGS §§ 50C-3(b); NC Rules of Civ. Proc. Rule 4(j), (j1))

Will the abuser or stalker have access to my address?

If you tell the clerk that having your address on the court forms would place you or a family member at risk, you can leave out your address from all of the documents filed with the court. However, you have to provide an alternative address to receive notice of any court proceedings or motions made by the respondent.(NCGS § 50C-2(d). You may also apply for the NC Department of Justice Address Confidentiality Program, which allows domestic violence, sexual assault or stalking victims to keep their address safe from possible or former abusers by using the government address for mail and the government forwards the mail to your confidential address.

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