Interested in knowing the process to getting a restraining order like the one Orlando Scandrick received against Draya Michele?

You may have heard about Orlando Scandrick (cornerback for the Dallas Cowboys) filing for a restraining order against his fiance Draya Michele (Basketball Wives LA star). He accused Draya of, "blasting him with pepper spray and even threatening to pour bleach in his eyes."* He actually obtained a temporary restraining order (likely the 10 day temporary order described below) but did not attend the court date necessary to finalize the restraining order.* If you're wondering how this is possible, the process and differences in North Carolina restraining orders is listed below. 

In NC there are two types of restraining orders:

1. 50B is only for domestic violence and the parties must be:

1. former spouses
2. persons of the opposite sex who lived together
3. parent-child or grandparent-grandchild relationships
4. have a child together
5. once lived together
6. or opposite sex dating relationships

Benefits of a 50B Protective Order

• You can gain a temporary order preventing your abuser from contacting you without a hearing, however, a hearing will be required within 10 days
• The court can order the abuser to stop abusing, threatening, harassing, and contacting you for up to 1 year
• You can gain temporary custody of the children, child support, possession of the residence, household items and even pets
• Any contact in violation of the order results in an arrest and possible jail-time.
• Keep in mind that same-sex couples are not protected under this statute unless they once lived together. 

2. 50C protects parties who do not have a domestic relationship

• This type of restraining order does not allow the police to immediately arrest a person in violation of the order as does a 50B Domestic Violence Protection Order
• If an abuser is in violation of this order, you must file a motion allowing the abuser to give an explanation for the reason for his/her contact

Remember in either instance, the "victim" cannot allow contact in violation of the restraining order because it is a Court Order.

It's always best to speak with an attorney to weigh the possible outcomes of your case. However, if you'd like to know more about these restraining orders check out N.C. Gen. Stat. 50-B and  N.C. Gen. Stat. 50-C. If you have questions about a restraining order, contact me at**: 

Kisala Watkins Law Group, PLLC323 E. Chapel Hill Street, Suite 203B
Durham, NC 27701
P: 919-321-6569
Nastasia@kisalawatkins.com
www.kisalawatkins.com 

We assist clients in the following areas:

Orange County, NC 

• Cary, NC
• Chapel Hill, NC
• Carrboro, NC
• Hillsborough, NC
• Mebane, NC
• Efland, NC 

Durham County, NC

• Durham
• RTP
• Bahama
• Rougemont

*"Judge 86's RESTRAINING ORDER In Dom. Violence Case," by TMZ Staff, http://www.tmz.com/2015/07/28/orlando-scandrick-draya-michele-restraining-order. Accessed August 2, 2015.

**Neither KisalaWatkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

Can I move with my child with joint/sole custody?

The good news is that the courts cannot limit where you move and what job you accept as an adult (as long as it doesn't violate the law). However, they may limit when and where you move with your children. 

Generally, custody orders for both joint and sole custody include a provision requiring that each parent inform the other about permanent moves. However, most do not account for changes in meeting places for the custody drop-offs as a result of your move. If you can still comply with the original order, you will likely have no issue with moving. Otherwise, you will need to file a Motion to Modify Custody.

In your motion, you must show the Court all of the reasons why this move is in the children's best interest. You must also show that your move will not revoke the other parent's custody rights by making it impossible for them to see their child.

Keep in mind, there will likely be a hearing and your children may need to testify to help the judge determine the best place for them to live. If they are young, they may be taken to the back for an "in-camera testimony" so they are not traumatized by picking a side.

It's always best to resolve these issues through mediation or a consent agreement. However, if you are facing a hearing or have more questions, contact me at:

Nastasia Watkins

323 E. Chapel Hill Street, Suite 203B

Durham, NC 27702

(919)321-6569

Nastasia@kisalawatkins.com

www.KisalaWatkins.com