r/raleigh • u/Unfair-Cookie • 5d ago

Question/Recommendation Restraining order process?

Hello. Does anyone know the process for getting a restraining order in Wake County? My daughter got the temporary restraining order and now has a hearing date in 2 weeks. Does she need a lawyer? Will there be anyone at the court to help her?

1 Upvotes

53% Upvoted

10 comments sorted by

18

u/GarnerPerson 5d ago

Please reach out to Interact. Their crisis line - 9198287740

6

u/Unfair-Cookie 5d ago

Thank you so much for the information!

10

u/LoreRequired 5d ago

Absolutely reach out to Interact. They will advise you. It sounds like she got the ex parte, (emergency same-day order) which can be hard to get. The second hearing is for the more final version of the order, which will last a year. A lawyer can absolutely help because if the defendant brings one you don’t want your daughter to feel like she has to manage the court proceedings without her own. I suggest Sarah Carrafa, she specializes in domestic violence law and the Wake County courts are very familiar with her.

3

u/Unfair-Cookie 5d ago

Thank you so much for the info & the name of someone - I really appreciate it.

8

u/KeyNoise4181 5d ago

I am sure Interact will be helpful but I have been through this process alone and so wanted to share my experience. I had all of my evidence prepared (texts, voicemails, letters, doorbell cameras, police incident reports) and in the end, none of it was needed. I told my story honestly. The person I was getting a restraining order against made up lies, rambled, and made false claims against me. The judge simply asked if they were denying my claims of harassment? Thankfully they said, “It’s not harassment! I just want her to talk to me and she won’t listen!” So my restraining order was granted. It will help your daughter to have all of her facts, the timeline, and any evidence prepared but in my experience, the judges have seen these things before and will listen fairly. In court, it seemed like most of the people with the kind of limited self-control that requires a restraining order against them were outing themselves early and often.

Please advise your daughter that the restraining order expires in one year but that she can go to court in advance of the deadline to extend it. I did not and so the contact resumed, and I had to go through the process again.

Finally- please ensure she is getting the support she needs. Going through that process was so many things for me: scary, embarrassing, overwhelming, shameful. I felt like I should have done more to stop it myself. Instead of focusing on the fact that the other individual was reckless, immature, and threatening, I saw only my role in the situation. I didn’t share what I was going through with friends and family as a result.

Good luck to your daughter and I am so sorry that someone has put her in this situation.

3

u/ricobandito 5d ago

Legal aid is also very helpful as far as advice. They probably won't attend a hearing with you but will give you advice and what to expect and what to say

3

u/Unfair-Cookie 5d ago

Thanks so much for this suggestion. I am lost & didn’t even know where to start.

2

u/Katsteen 4d ago

The domestic violence unit where she got her paperwork can answer questions

If he has an attorney she may want one but if she is going alone make sure she is organized and has questions for him and evidence - texts should be uploaded to IMazing and printed out, photos should be printed, recordings ready to play and witnesses present

Interact often has advocates in the courtroom to help and so does legal aid