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Commonly Asked Questions about Restraining nc Order Forms

Can a Plaintiff Change Their Mind and Drop the 50B or 50C Order? Yes, plaintiffs may file a Motion to Dismiss. The court sets a date and notifies the defendant. The plaintiff must attend this hearing and tell the judge why they want to drop the complaint.
Therefore only the prosecutor or a judge has the power to drop or dismiss criminal charges. In some cases, the prosecutor might agree to dismiss the criminal charges if the victim requests a dismissal, but the prosecutor is not required to do so at the victims request.
(TRO) is an emergency measure that precedes a hearing on a preliminary injunction and serves the same function. Because it is issued without notice to the restrained party, however, it is of very short duration and available only where the need is immediate and the movants harm irreparable.
An emergency custody order, sometimes referred to as an ex parte order, is an immediate, short-term custody order that a judge can grant under limited emergency circumstances, without hearing from the other party.
To appeal a domestic violence order in North Carolina, you must file a motion to set aside the order with the clerk of the court that issued the order. You must also serve a copy of the motion on the other party.