LUMBERTON, N.C. (AP) —A judge has ordered the former fiance of the recently reinstated Miss North Carolina not to show anyone topless photographs he claims to have of her.

The temporary restraining order issued Sunday stems from a lawsuit filed by Rebekah Chantay Revels against her former fiance, Tosh Welch. The order also grants her request to have the pictures delivered to her lawyer. A hearing in the lawsuit is set for Sept. 10.

"I'm under the order to take responsible care of the photos, but I don't know whether the photos exist," said her lawyer, Barry Nakell. "We don't know whether there are photos."

Nakell said he planned to serve Welch with the restraining order Tuesday.

Revels said Monday she was optimistic and was ready to compete in the Miss America contest if permitted.

"I'm spending time with my family, conversing back and forth with my lawyer," she said. "I'm praying that everything will work itself out and that we will all come out on top."

In July, Revels, 24, of St. Pauls, resigned after Welch contacted Miss America officials about the photos. After receiving an e-mail message from Welch, pageant officials said they decided it would be best if Revels stepped down, but Revels said she was forced out.

Misty Clymer of Raleigh, first runner-up in the 2002 Miss North Carolina pageant, then assumed the title.

Last Thursday, a Wake County Superior judge temporarily returned the title to Revels, pending a hearing Tuesday to decide whether Revels or Clymer will be Miss North Carolina 2002.

Robeson County Judge Gary Locklear, who issued the order regarding the photographs, also issued an order to compel the Miss America organization to allow Revels to enter the competition that starts this weekend.

Locklear scheduled a hearing for Thursday on his order, but it wasn't clear if it could be enforced in New Jersey where the national pageant is based.

In a separate lawsuit against the organization, Revels claims she would suffer "irreparable harm" if she were not allowed to compete in the national pageant Sept. 21 and in preliminary events that begin Friday.

Nakell persuaded Locklear to open his office, which normally is closed Sunday, for about an hour and hear the lawsuits and grant the two temporary restraining orders.

The Miss America organization is waiting to see what happens in North Carolina courts. The organization's Web site lists photos and brief biographies of all state pageant contestants.

The North Carolina section reads: "There is currently no winner info. There is currently no state contestant info."