Protective Orders

Western Carolina University is a public-supported state institution of higher learning. The public building and lands of the University are under the care and oversight of the Board of Governors of the University of North Carolina (G.S. §116-12) to which authority is delegated to the Chancellor. (G.S. §116-11(13)]. The Chancellor and the Board of Trustees has delegated to the Chief of Police the responsibility for maintaining order, preventing and detecting crime, and promoting safety on University property. This responsibility along with the authority granted under G.S. §14-159.13 allows for officers to issue trespass warnings to "unauthorized" individuals on the property of Western Carolina University.

 

University Sanctioned No-Contact Order 

• Select WCU personnel can issue a No-Contact Order as a preventative measure when in receipt of reports alleging certain violation(s) of the Code of Student Conduct. They can also issue a No-Contact Order as a sanction if a student is found Responsible for certain violation(s) of the Code of Student Conduct.
• The University No-Contact Order addresses contact initiating from either the respondent or complaintant and includes, but is not limited to: verbal communication, written communication, electronic communication, communication through a third party, or any physical contact. This No-Contact Order can be modified or terminated at any time by the appropriate University personnel.
• Please note that the University No-Contact Order is issued as part of the student conduct process and is NOT a court order. It is separate from any orders that are issued through legal proceedings through the State of North Carolina.
• The Univeristy No-Contact Order can be issued in lieu of or in addition to a protective order through the State of North Carolina.
• To report a violation, submit an online report to be reported to Studet Conduct. Violations of these orders are not arrestable offenses.

WCUPD'S TRESPASS BAN EXPLANATIONS

Example of Respondent OSC No Contact Letter
Example of Victim DSCE No Contact Letter

 

North Carolina Protective Orders 

• Domestic Violence Protective Order (DVPO) 50B - A civil order that requires a perpetrator of domestic violence to stay away from the victim.
• No Contact Order 50C - A civil order that provides protection from nonconsensual sexual conduct or stalking from someone whom you DO NOT have an intimate or familial relationship

Domestic Violence Protective Order 

A domestic violence protective order (DVPO) (sometimes called a "restraining order"), or a 50B is a paper which is signed by a judge and tells your abuser to stop the abuse or face legal consequences. It offers civil legal protection from domestic violence to both women and men victims.

What types of protective orders are there? 

In NC, there are two types of domestic violence protective orders:

• Ex parte/Temporary protective orders
• Final domestic violence protective orders (also called a DVPO or a 50B order or a restraining order).

How long do they last?

An ex-parte/temporary protective order is a court order designed to provide you and your family members with immediate protection from your abuser. A judge may issue an ex parte order on the same day you file your complaint for a domestic violence protective order if s/he believes that there is a serious and immediate danger to you or your child. An ex parte/temporary protective order is usually issued without your abuser present ("ex parte").

In order to get a final domestic violence protective order, you need to have a full court hearing. Your abuser has to be served with notice of the hearing so he has an opportunity to attend. An ex parte/temporary protective order will protect you from the time the ex parte order is entered until your full court hearing takes place, usually within 10 days from when the order is granted or within 7 days from the date the respondent is served, whichever occurs later.* However, the ex parte order will not be able to be enforced until the defendant is served with a copy of the order.

A final domestic violence protective order (also called a DVPO or a 50B order or restraining order) offers the same type of protection as an ex parte/temporary protective order, but it lasts longer. Since it lasts longer, you will have to have a full court hearing to get a final domestic violence protective order. In this hearing, the abuser will have a chance to defend himself/herself.

A final domestic violence protective order lasts up to one year. You can ask the court to extend the order for an additional two years (with the exception of the custody provisions), but you must do so before it expires.

What are the steps for obtaining a DVPO?

• Fill out the appropriate forms. Forms can be obtained at the Clerk of Courts Office, Center for Domestic Peace, or NC Courts Forms website. The courts also provide instructions for filling out domestic violence forms. 
• The Clerk will send the paperwork to a courtroom, where you will go and wait to speak with a judge. Once the judge reviews the order, they will call you up and ask questions about the order. (A magistrate can also sign these orders if a judge is unavailable.)
• The judge will either grant or deny the order. 
• If the ex-parte is granted, you will be given another court date approximately 7-10 days later. This allows time for the individual to be served with the protective order and given an opportunity to attend the hearing for the final protective order. 
• If a final protectiver order is granted, it will be active for one year. This order DOES NOT automatically renew itself after a year and a new order will need to be filed if an extension is needed.
• A violation of this order is an arrestable offense. If there is a violation, call the police or go to the Magistrate's office to file charges for the DVPO violation.

Note: If you have not had a "personal relationship" with the abuser, harasser or stalker, you may be eligible for a protective order 50c below

No Contact Order

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, co-worker, neighbor, or stranger.  Upon the court making a determination that the victim has suffered an unlawful conduct committed by the defendant, the Court can then issue a temporary or permanent civil no-contact order. An "unlawful conduct" as defined in that statute is a non-consensual sexual conduct or stalking. Stalking would be considered if a person 16 years or older follows you on one or more occasion or otherwise tormented, terrorized or terrified the plaintiff (victim) with the intent to place the plaintiff in reasonable fear of their safety or the safety of the plaintiff's immediate family or close personal associates, or with the intent to cause and which did case the plaintiff to suffer substantial emotional distress by placing the plaintiff in fear or death, bodily injury or continue torment or terror.

What types of protective orders are there? 

Similar to the DVPO listed above, there are 2 types of No Contact Orders:

• Ex parte/Temporary No-Contact Order
• Final No-Contact Order (also called a 50C)

How long do they last?

An ex-parte/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 prior notice to the abuser if s/he believes that there is a serious and immediate danger to you.

The temporary order will generally last for up to ten days until the court hearing where the abuser/stalker can be present. The order can be extended if there is “good cause” to do so or if the respondent consents. The temporary order is not valid until the respondent is served with a copy of the order. Note: If you are denied a temporary ex-parte order, the judge may still hold a hearing to decide whether or not to grant you a 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. (Center for Domestic Peace can assist with Legal Aid if that is something you are interested in.) A permanent No Contact order lasts up to one year. You can later ask the court to extend the order, but you must do so before it expires as it does not automatically renew itself.

What are the steps for obtaining a No-Contact Order?

• Fill out the appropriate forms. Forms can be obtained at the Clerk of Courts Office, Center for Domestic Peace, or NC Courts Forms website. 
• The Clerk will send the paperwork to a courtroom, where you will go and wait to speak with a judge. Once the judge reviews the order, they will call you up and ask questions about the order. 
• The judge will either grant or deny the order. 
• If the ex-parte is granted, you will be given another court date approximately 7-10 days later. This allows time for the individual to be served with the protective order and given an opportunity to attend the hearing for the final protective order. 
• If a final No Contact Order  is granted, it will be active for one year. This order DOES NOT automatically renew itself after a year and a new order will need to be filed if an extension is needed.
• A violation of this order IS NOT an arrestable offense. If there is a violation, go to the Clerks Office and file paperwork for AOC-CV-528, Motion and Order to Show Cause for Failure to Comply with No-Contact Order for Stalking or Nonconsensual Sexual Conduct.

Note: Anyone under 18 years of age must bring a parent or guardian to file on their behalf.