Family Law Q&A Series

What can I do legally if I’m being harassed online and by messages from the other parent’s other co-parent? – North Carolina

Short Answer

In North Carolina, online or message harassment by a third party tied to the other parent can sometimes be addressed through a civil no-contact order (Chapter 50C) if the conduct amounts to stalking, and through law enforcement if the conduct fits crimes like cyberstalking or stalking. If there is a qualifying “personal relationship” between the parties, a domestic violence protective order (Chapter 50B) may be the better fit. The best first step is usually to preserve evidence (screenshots, logs, platform records) and then choose the remedy that matches the relationship and the conduct.

Understanding the Problem

In North Carolina family law disputes, a common question is what legal options exist when a parent receives repeated online harassment, social media messages, or texts from the other parent’s other co-parent (a third party), rather than from the other parent directly. The decision point is whether the conduct and the relationship between the people involved allow the court to issue a no-contact type order, or whether the situation should be handled as a criminal complaint. Timing can matter because escalating conduct may justify seeking immediate, temporary court relief.

Apply the Law

North Carolina has more than one path that can apply to online and message-based harassment. Two of the most common are: (1) seeking a civil no-contact order under Chapter 50C when the conduct qualifies as “unlawful conduct” (often stalking) and the parties do not have the kind of personal relationship required for a domestic violence order, and (2) reporting conduct to law enforcement when it meets criminal definitions such as cyberstalking or stalking. The main forum for civil no-contact relief is North Carolina District Court (filed through the Clerk of Superior Court in the county where the case is filed), and criminal complaints typically start with local law enforcement and the magistrate process.

Key Requirements

  • Right kind of civil order for the relationship: A civil no-contact order (50C) is designed for situations where there is not a qualifying “personal relationship” that would instead point toward a domestic violence protective order (50B).
  • Conduct must rise to the legal definition (not just “mean messages”): For a 50C case, the conduct generally must fit “unlawful conduct,” most commonly stalking. Under North Carolina law, stalking is typically a pattern (more than one act) of harassment or a course of conduct without a legitimate purpose that would cause a reasonable person to fear for safety or suffer substantial emotional distress.
  • Proof and procedure matter: These remedies are form-driven and evidence-driven. Courts commonly expect organized proof (copies of messages, dates, usernames, phone numbers, witness names), and technical filing requirements (including proper verification of the complaint) can affect whether the court can proceed.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because no specific facts were provided, two neutral examples show how North Carolina law typically fits this situation. If the other parent’s other co-parent sends repeated unwanted messages over weeks, creates new accounts after being blocked, and makes statements that cause reasonable fear or substantial emotional distress, that pattern can support a stalking theory and may support a Chapter 50C civil no-contact order. If the messages include threats of bodily harm, repeated electronic contacts intended to harass, or other conduct covered by the cyberstalking statute, a report to law enforcement may be appropriate alongside (or instead of) a civil filing.

Process & Timing

  1. Who files: The person being targeted by the harassment (the “victim/plaintiff”). Where: North Carolina District Court by filing through the Clerk of Superior Court in the county where the action is filed. What: A verified civil complaint and request for a civil no-contact order (often using North Carolina Administrative Office of the Courts forms). When: If immediate protection is needed, a request for a temporary (ex parte) order may be filed at the same time as the complaint; local scheduling practices vary.
  2. Service and notice: The respondent must be served with the lawsuit and any temporary order. Law enforcement typically serves these orders. Proof of service matters because an order is much harder to enforce if service is not done correctly.
  3. Hearing and final order: The court holds a hearing to decide whether to enter a longer-lasting order. If the court enters a permanent civil no-contact order, it is typically for a fixed period (commonly up to one year) and can sometimes be extended if statutory requirements are met.

Exceptions & Pitfalls

  • Relationship mismatch (50B vs. 50C): Chapter 50C is generally meant for situations where the parties do not have the type of “personal relationship” that triggers Chapter 50B. Picking the wrong type of case can delay relief.
  • “Harassment” alone may not be enough for stalking-based 50C relief: Courts often look for the specific stalking components (pattern/course of conduct, no legitimate purpose, and reasonable fear or substantial emotional distress). Annoying, insulting, or reputation-harming messages may not qualify without the required fear/distress component.
  • Filing defects and weak documentation: A poorly documented timeline, missing screenshots, or an improperly verified complaint can derail the case. Saving content in a way that shows dates, accounts, and context is critical.
  • Enforcement depends on a clear, served order: Even a strong order can become difficult to enforce if it is vague (for example, not specifying prohibited contact methods) or if the respondent was not properly served.

Conclusion

North Carolina law may provide relief for online and message harassment by the other parent’s other co-parent through a civil no-contact order (Chapter 50C) when the conduct amounts to stalking, and through law enforcement when the conduct fits crimes such as cyberstalking or stalking. The key threshold is whether the behavior is a repeated course of conduct with no legitimate purpose that creates reasonable fear or substantial emotional distress. A practical next step is to file a verified 50C complaint and request temporary relief with the Clerk of Superior Court as soon as escalating conduct is documented.

Talk to a Family Law Attorney

If online harassment or repeated messages from a third party connected to a co-parenting situation are escalating, a Family Law attorney can help sort out whether Chapter 50B, Chapter 50C, or a law enforcement report fits the facts and what evidence will matter most in court. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.