North Carolina > Local County > Mecklenburg (District 26)
Instructions on How to Fill Out a Complaint and Motion for Domestic Violence Protective Order on Form No. AOC-CV-303 MCSC-CV-017 - North Carolina
| Instructions on How to Fill Out a Complaint and Motion for Domestic Violence Protective Order on Form No. AOC-CV-303 Form. This is a North Carolina form and can be used in Mecklenburg (District 26) Local County . |
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INSTRUCTIONS ON HOW TO FILL OUT A "COMPLAINT AND MOTION FOR DOMESTIC VIOLENCE PROTECTIVE ORDER" ON FORM NO. AOC-CV -303 YOU MUST FILL OUT THIS FORM BY YOURSELF. PRINT OR WRITE VERY CAREFULLY. THE PEOPLE WHO WORK IN THE CLERKS OFFICE CANNOT HELP YOU FILL OUT THIS FORM OR TELL YOU WHAT TO SAY. THE LAW FORBIDS THEM FROM DOING SO. A sample copy is attached to these instructions. Look it over. Much of it is self-explanatory. Notice the letters which are hand written and circled on the sample copy like this. These letters identify parts of the form which need special attention. The letters go with the following letters in these instructions. After each letter you will be told what to do at th e corresponding place on the form. A. Write your complete, current name in this space. The word "plaintiff" means a per son who is asking the court for help. You are the plaintiff. You will see the word plaintiff in many other court papers in your case. It always means you. B. At the top of this space, write the name of the person who has hurt you or one of the children, or has tried to hurt one of you, or has threatened to hurt one of you, or h as sexually abused one of the children. That person is the "defendant". You will see the word de fendant in many other places on this form and in these instructions. It always means that per son. In the rest of this space, write the defendants current address. C. Fill in answers to #1, #2, and #3. D. Put an "X" in this box if the defendant hurt you, or tried to hurt you, or has threatened to hurt you. E. Use these lines to tell what the defendant has done to you. Tell what happened in your own words. Tell what the defendant did and said. Tell when and where the d efendant did it or said it. If you were hurt, describe the injury. If the defendant tried to hurt you but did not s ucceed, or threatened to hurt you, tell what harm was threatened. Be clear, give d etails, but be as short as you can. F. Put an "X" in this box if the defendant has hurt one or more of the children or has tried to hurt one of them, or has threatened to hurt one of them, or has sexually abus ed one of them. This includes your own children who are living with you or who are in your cu stody. It also includes any other children who are living with you or are in your custody, like step-children, nieces, nephews, cousins, grand-children, or foster children. It does not include children who are not living with you and are not in your custody, even if they are yours and even if the defendant has abused them. G. Use these lines to tell what the defendant has done to the children. Tell what happened in your own words. If you did not see or hear it happen, tell how you know. Tell w hat the defendant did and said. Tell when and where the defendant did it or said it. If the child was hurt, describe the injury. If the defendant tried to hurt the child and did not succee d, or threatened to hurt the child, tell what harm was threatened. If the defendant sexually abused the child, tell exactly what the defendant did. Use appropriate language, and be clear. MCSC-CV-017 10/96 1 American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2H. If you want temporary custody of your children, you must put an "X" in t his box and then name the children and give the date of birth of each one in the spaces below. Be sure you list children only when you are the mother and the defendant is the father. I. Put an "X" in this box if you or the children are in so much danger that you want a judge to act immediately. An "Ex Parte Order" means an order signed by a judge befor e a notice of a hearing is given to the defendant. If you put an "X" in this box, a judge must read this form within 72 hours and decide whether to sign an Ex Parte Order. The judge may want to talk with you before doing this. J. Put an "X" in this box if you want to keep living where you and the defendant have been living. Then write the address of the house or apartment in the space below. Do this even if you have recently moved out and want to go back after the defendant has moved out . Do not do this if you are still living there and the defendant has already moved out. K. Put an "X" in this box if you have already put an "X" in the box beside No. 4 and you believe that the defendant will not move out willingly or will become violent if you try to move back in. If the court orders the eviction of the defendant, a law enforcement officer wi ll make the defendant move out of your home. The officer will protect you while you are movin g back in. L. Put an "X" in this box if you want possession of a car, van, truck, motorcycle, or other vehicle which has been used for family purposes. Then use the box to describe t he vehicle. You may ask for possession of the vehicle if the title is in your name, or if it is in the defendants name, or if it is in both of your names. M. Put an "X" in this box if you want temporary custody of the children. B efore you put an "X" in this box, make sure you have put an "X" in the box beside No. 5 on the front of th e form. N. Put an "X" in this box if you want the defendant to make temporary payments for the support of the children. Before you put an "X" in this box, make sure you have put an "X" in the box beside No. 5 on the form, and an "X" in the box beside No. 9 on the back. TAKE NOTE: A judge will not order child support payments in an Ex Parte Order. The judge will only order child support payments after you and the defendant have a chance to come to court for a hearing after the defendant has been notified to come. Ther e will be a hearing within two weeks, unless the defendant cannot be notified in time. If the judge orders the defendant to make child support payments, they will be made directly to you. The jud ge will not order the defendant to make payments to the clerks office or let you receive your checks from the clerks office, and the judge will not order wage withholding. If you want this kind of help with child support, you should go to the "IV-D Office" at your county Department of Social Services, or talk with a lawyer. NOW DATE AND SIGN THE FORM. THEN TAKE THE FORM TO A NOTARY PUBLIC OR TO THE CLERKS OFFICE. TELL THE NOTARY PUBLIC OR THE CLERK THAT YOU WANT TO VERIFY A DOMESTIC VIOLENCE COMPLAINT. THE NOTARY PUBLIC OR CLERK WILL HAVE YOU TAKE AN OATH OR AFFIRMATION. THEN YOU WILL SIGN AND DATE THE FORM A SECOND TIME, AND THE NOTARY PUBLIC OR CLERK WILL "NOTA
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