Know the Laws: North Carolina
UPDATED August 17, 2016
A domestic violence protective order is a civil order that provides protection from someone with whom you have/had a "personal relationship."
This section defines domestic violence for the purposes of getting a domestic violence protective order (DVPO). Domestic violence in North Carolina is when someone you have had a "personal relationship" with does any of the following to you or your minor child:
If you have not had a "personal relationship" with the abuser, harasser or stalker, you may be eligible for a protective order against stalking or harassment. Please see How can I get an order against stalking or sexual harassment (a civil no-contact order)?
* NCGS § 50B-1(a)
In North Carolina, there are two types of domestic violence protective orders:
An ex parte temporary protective order is a court order designed to provide you and your family members with immediate protection from the abuser. A judge may issue an ex parte order the same day you file your complaint for a domestic violence protective order (without the abuser present) if s/he believes that there is a serious and immediate danger to you or your child. If the judge does not issue the ex parte order on the same day, the court must hear the request for an ex parte order within 72 hours or by the end of the next day on which the court is in session in the county of the filing, whichever occurs first.* Note: Hearings held to consider an ex parte temporary protective order may be held via video conference.**
An ex parte temporary protective order will protect you until your full court hearing takes place, usually within 10 days from when the order is granted or within 7 days from the date the respondent is served, whichever occurs later.* Note: The ex parte order will not be able to be enforced until the defendant is served with a copy of the order.
A final domestic violence protective order (also called a DVPO or a 50B order or restraining order) lasts up to one year. You can ask the court to extend the order for an additional two years (with the exception of the custody provisions), but you must do so before it expires.*** (See How do I modify or extend my order?) Before the order is issued, you will have to have a full court hearing to get a final domestic violence protective order. In this hearing, the abuser will have a chance to defend himself/herself. Unlike ex parte hearings, a hearing for a final domestic violence protective order cannot be held via video conference.**
* NCGS § 50B-2(c)(5)
** NCGS § 50B-2(e)
*** NCGS § 50B-3(b)
A DVPO can:
Yes. If there is a pet in your household (owned by you, your child, or the abuser) and you have concerns for your pet’s safety you can ask a judge to order the abuser not to hurt the pet as part of your 50B order. If the abuser is keeping you from your pet or you worry that the abuser may take the pet with him/her, you can also ask that you be the one to keep the pet.* This remedy is available in temporary and final DVPOs. You should also include any information about the abuser hurting or threatening to hurt your pet(s) in the complaint.
* NCGS § 50B-3(a)(8), (9)(b1)
You can file a petition in the county where you live (permanently or temporarily), or in the county where the abuser lives.*
* NCGS § 1-82
You can seek legal protection from acts of domestic violence done to you or your minor child by someone you have had a "personal relationship" with, which includes:
Teens under the age of 18 need a parent or guardian to file for a protective order on their behalf. For more information, speak to a local domestic violence organization.
If you have not had a "personal relationship" with your abuser, harasser or stalker, you may be eligible for a protective order against stalking or harassment.** Please see How can I get an order against stalking or sexual harassment (a civil no-contact order)?
* NCGS § 50B-1(b)
** NCGS § 50C-1
In North Carolina, you may apply for a domestic violence protective order (DVPO) against a current or former same-sex partner as long as the relationship meets the requirements listed in Who can get a domestic violence protective order (DVPO)? You must also be the victim of an act of domestic violence, which is explained here What is the legal definition of domestic violence in North Carolina?
Note: For non-married people in dating relationships or living together, the law specifically says that the people have to be of the opposite sex to file for a domestic violence protective order.*
* NCGS § 50B-1(b)
Nothing. There are no fees for filing for a domestic violence protective order.*
* NCGS § 50B-2(a)
No, you do not need an attorney to file for a DVPO or to get an ex parte order.* You also do not need an attorney at the full court hearing, but you may want one, especially if you think the defendant (abuser) will have one. It is recommended that you contact an attorney to make sure that your legal rights are protected. You can get free legal assistance if you contact one of the domestic violence organizations in your area. You may request that an advocate accompany you to court. See our NC Where to Find Help page to find an organization in your area.
* NCGS § 50B-2(a)
If you have to miss work for a reasonable time to file and attend hearings for a DVPO, your employer may not fire you, demote you (give you a lower position or rank), deny you a promotion or discipline you as an employee.
You must follow your employer's usual time-off policy, including advance notice to the employer if that is generally required, unless an emergency prevents you from doing so.
Your employer may require documentation of an emergency that prevented you from following your employer's policy regarding giving advance notice. S/he may also ask for any other information or documentation available to you which supports your reason for being absent.* For more information, see our NC Workplace Protections page.
* NCGS § 50B-5.5
If you do not qualify for a DVPO or if your order is not granted, you can still seek protection from the law and assistance from domestic violence organizations. If you do not qualify for a DVPO because you do not have a "personal relationship" with a person who has stalked or sexually harrased you, you may be eligible file for a civil no-contact order.*
Also, the abuser may be committing a crime for which s/he may be arrested. For definitions of common crimes in North Carolina, go to our Crimes page.
You may also want to visit our Staying Safe page for ways to increase your safety.
Domestic violence protective orders do not cover many types of emotional or mental abuse. If you're being mentally or emotionally abused, please contact a domestic violence organization in your area. They can help you figure out your options, help you stay safe, and offer you support. See our NC State and Local Programs page for referrals.
During business hours, go to the clerk of civil court; otherwise, go to the magistrate's office. Tell the clerk or the magistrate that you want to file for a domestic violence protective order (a "DVPO"). If you need the emergency protection of an ex parte/temporary order, also tell the clerk you need an ex parte order. To find contact information for the courthouse in your area, click on NC Courthouse Locations.
You can get the forms you need from the clerk or you can get the forms beforehand online on our Download Court Forms page.
On the complaint, you will be the "plaintiff" and the abuser will be the "defendant." In the space provided, write about the most recent incidents of violence, using specific language (slapping, hitting, grabbing, threatening, etc.) that fits your situation. Include details and dates, if possible. Clerks and magistrates can show you which blanks to fill in, but they cannot help you decide what to write. Do not sign the forms until you are in front of a notary or a clerk.
If the abuser has any firearms, be sure to alert the court so the firearms can be removed from the abuser's possession. If you have children, you may also want to check the box asking for temporary custody. For more information on custody, see our Custody page.
If you need immediate protection, you can check the box on the complaint to ask for an ex parte order. An ex parte order is a temporary emergency order that a judge can grant you if you or your child are in immediate danger. Note: Hearings held to consider an ex parte temporary protective order may be held via video conference.* The abuser will not be notified beforehand that you are asking the judge for an ex parte order.
If the judge believes you or your children are in serious and immediate danger, s/he may give you an ex parte order which is good for 10 days, until your full court hearing. If you are there after business hours, some magistrates may give you an ex parte order which is good only until the case is heard by a judge, which should occur by the end of the next day on which the court is in session in the county.**
You must return to the courthouse to see a judge to get an ex parte order that will last for up to 10 days, until you can have a full court hearing. Whether the judge or magistrate grants you an ex parte order or not, you will be given a court date for a full court "hearing" within 10 days. This hearing will be in front of a judge at the time shown on the Notice of Hearing. At this hearing, your abuser and you will both have a chance to explain your sides to the judge.
* NCGS § 50B-2(e)
** NCGS § 50B-2(c1)
If the clerk does not do this for you, you may have to take the appropriate forms to the sheriff's department so they can serve the defendant with the summons, complaint, and notice of hearing (and the ex parte order if one was granted). Counties do this differently. In some counties the clerk of courts sends the forms to the sheriff; in other counties, the plaintiff has to take the forms to the sheriff. Please contact your local domestic violence program or the clerk of court to find out the way it is handled in your county.
You will have to provide some contact information for the defendant so the sheriff can find him/her. You may want to give the sheriff a picture of the defendant and any information you have that will help them locate him/her. The defendant must receive notice of the hearing from the sheriff. If the defendant does not receive notice, the hearing will be rescheduled. In addition, if an ex parte order was granted, the defendant must be served with the order for it to be in effect and be enforced.
As the plaintiff requesting a DVPO, you must prove that the defendant has committed acts of domestic violence (as defined by the law) against you or your children.
See the Preparing Your Case section for ways you can show the judge that you were abused. It is generally recommended to have an attorney at the hearing. If you need to ask the judge for a continuance (more time) to find a lawyer, the continuance will be limited to one extension of no more than 10 days unless all parties consent or you can show "good cause" for extending it longer.*
* NCGS § 50B-2(c)(5)
On the day of the hearing, you must go to the hearing to ask to have your ex parte order (good only for up to 10 days) turned into a DVPO, which will last for up to one year. If you do not go to the hearing, your ex parte order will expire. If the abuser does not show up for the hearing, the judge may still grant you a DVPO or may reschedule the hearing. Note: Unlike ex parte hearings, a hearing for a final domestic violence protective order cannot be held via video conference.*
You may wish to hire a lawyer to help with your case, especially if the abuser has a lawyer. You can also represent yourself. If the abuser shows up with a lawyer, you can ask the judge for a "continuance" (a later court date) so that you have time to find a lawyer. However, the continuance will be limited to one extension of no more than 10 days unless all parties consent or you can show "good cause" for extending it longer.** Go to our NC Finding a Lawyer page to find help in your area.
* NCGS § 50B-2(e)
** NCGS § 50B-2(c)(5)
Here are some things you may want to consider doing. However, you will have to evaluate each one to see if it works for your situation.
You may also wish to make a safety plan. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many batterers obey protective orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe. Click on the following link for suggestions on Staying Safe or click the tab on the top of this page.
Violating a DVPO is against the law. There are 3 ways to get help if the abuser violates the DVPO.
NOTE: If you take out a criminal warrant through the magistrate's office and contempt papers through the civil court system based on the same events, contact the district attorney's office before either hearing to discuss punishment options.
* NCGS § 50B-4.1
** NCGS § 50B-4(a)
To modify or change your order, go back to the court where you got it and file a petition with the clerk. You can then ask the judge to extend/renew your order for up to two years at a time with the exception of custody provisions which can only last for up to one year.*It is often helpful to request this renewal at least 30 days before your order expires to make sure there is adequate time for a hearing to be scheduled and conducted.
If you move within North Carolina or to any other state in the U.S., your order will still be valid and good.
Federal law provides what is called "full faith and credit," which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. territories and tribal lands. Different states have different rules for enforcing out-of-state protection orders. For example, some states require you to register your order in the new state. You can find out about your state’s policies by contacting a domestic violence program, the clerk of courts, or the prosecutor in your area.
To read more about how to get your protective order enforced in another state, please see our Moving to Another State with a Protective Order page. If you are moving to a new state, you may also call the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111 x 2) for information on enforcing your order.