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Legal Information: North Carolina

North Carolina Restraining Orders

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Restraining Orders

Domestic Violence Protective Orders ("50B orders")

Basic info

What is the legal definition of domestic violence in North Carolina?

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:

  • attempts to cause bodily injury, or intentionally causes bodily injury;
  • places you or a member of your family or household in fear of imminent serious bodily injury;
  • commits continued harassment, as defined by law, that rises to such a level as to inflict substantial emotional distress; or
  • commits any rape or sexual offense listed here in sections 14-27.21 through 14-27.33.1

If you have not had a “personal relationship” with the abuser, harasser or stalker, you may be eligible for a civil no-contact order.

1 NCGS § 50B-1(a)

What types of protective orders are there? How long do they last?

In North Carolina, there are two types of domestic violence protective orders:

  1. ex parte temporary protective orders; and
  2. final domestic violence protective orders, also called a DVPO or a 50B order.

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.1

An ex parte temporary protective order will protect you until your full court hearing takes place, usually within ten days from when the order is granted or within seven days from the date the respondent is served, whichever occurs later.1Note: 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, 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.2 (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.

1 NCGS § 50B-2(c)(5)
2 NCGS § 50B-3(b)

What protections can I get in an ex parte temporary protective order?

The law says that a judge can include whatever protections s/he believes are necessary to protect you or your child from domestic violence,1 which could include the protections listed in What protections can I get in a domestic violence protective order (DVPO)?  However, the judge can only include a custody provision in an ex parte temporary protective order if the judge believes that the child is exposed to a substantial risk of physical or emotional injury or sexual abuse.In that case, the judge can order the following:

  • that the respondent stay away from the child;
  • that the respondent return the child to your custody; or
  • any other measures to protect the safety and well-being of you and your child, such as supervised visitation.3

1 NCGS § 50B-2(c)(1)
2 NCGS § 50B-2(c)(2)
2 NCGS § 50B-2(c)(3), (c)(4)

What protections can I get in a domestic violence protective order (DVPO)?

A DVPO can:

  • order the abuser not to assault, threaten, abuse, follow, harass, or interfere with you and your children in person, at work, on the telephone, or by other means;
  • allow you to live in the home where you and the abuser have lived together and order the abuser to move out and not return, no matter who owns the home or is on the lease;
  • order the abuser to provide suitable alternative housing for you;
  • tell the police to remove the abuser from the home and help you to return to the home;
  • give you possession of personal property including a car and household goods, except for the abuser’s personal belongings;
  • order the abuser to stay away from any place you request including your school, your children’s school, your work place, your friends’ homes, or any place where you are seeking shelter;
  • order the abuser not to cruelly treat or abuse a pet owned or held by you, the abuser, or a minor child living in the home;
  • give you possession of any pet owned or held by you, the abuser, or a minor child living in the home;
  • give you temporary custody of a minor child, order the abuser to pay temporary child support, and establish temporary visitation;
  • order your spouse to pay temporary spousal support;
  • order the abuser to hand over any firearms and prohibit the abuser from purchasing a firearm;
  • order the abuser to attend an abuser’s treatment program;
  • order the abuser to pay attorney’s fees; and
  • order the abuser to do anything else you ask for and the judge agrees to.1

Whether a judge orders any or all of the above depends on the facts of your case.

1 NCGS § 50B-3

In which county can I file for a protective order?

You can file a petition in the county where you live permanently or temporarily, or in the county where the abuser lives.1

1 NCGS § 1-82

If the abuser lives in a different state, can I still get an order against him/her?

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

  1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
  2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
  3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

Who can get a DVPO

Who can get a domestic violence protective order (DVPO)?

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:

  • your spouse, or ex-spouse;
  • a person of the opposite sex with whom you live or used to live;
  • someone with whom you have a child in common;
  • a current or former household member; 
  • someone of the opposite sex whom you are dating or have dated; or
  • parents, children, grandparents, and grandchildren – however, a parent, grandparent, or someone acting in loco parentis to a minor child can only file against a child who is 16 or older.1

If you have not had a “personal relationship” with the abuser, harasser or stalker, you may be eligible for a civil no-contact order.2

1 NCGS § 50B-1(b)
2 NCGS § 50C-1

Can I apply for a domestic violence protective order if I am a minor?

A minor can file a petition or the minor’s parent or legal guardian can file a petition on a minor’s behalf.1

1 See NCGS § 50B-1(a); see also UNC School of Government

Can I file for a domestic violence protective order against a minor?

You can file for a domestic violence protective order against a minor. The only exception is that if it is a parent or grandparent filing against his/her child or grandchild, the child has to be at least 16 years old. This exception also applies to someone who is in a parental role (“in loco parentis”) to a child filing against that child.1  

1 See NCGS § 50B-1(b)(6); see also UNC School of Government

Can I get a DVPO against a same-sex partner?

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.1

You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.

1 NCGS § 50B-1(b)(2)

How much does it cost?

There are no fees for filing for a domestic violence protective order.1

1 NCGS § 50B-2(a)

What if I have to miss work to get a DVPO?

If you have to miss work for a reasonable time to file and attend hearings for a DVPO, your employer may not fire you, give you a lower position or rank (“demote” you), 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.1  For more information, see our NC Workplace Protections page.

1 NCGS § 50B-5.5

Do I need an attorney?

You do not need an attorney to file for a DVPO or to get an ex parte order.1  You also do not need an attorney at the full court hearing, but you may want one, especially if you think the 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 Places that Help page to find an organization in your area.

1 NCGS § 50B-2(a)

What if I don't qualify for a DVPO or if my order is not granted?

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.1

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 Advocates and Shelters page for referrals.

 

Steps for obtaining a DVPO

Step 1: Go to the courthouse to get and file the necessary forms.

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.. 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, such as 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.

 

Step 2: You can ask for an ex parte temporary order for immediate protection.

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. 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 ten 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 would then return to the courthouse to see a judge to get an ex parte order. Whether the judge or magistrate grants you an ex parte order or not, you may be given a court date for a full court hearing within ten days. This hearing will be in front of a judge at the time shown on the Notice of Hearing. At this hearing, you and the abuser will both have a chance to explain your sides to the judge.

1 NCGS § 50B-2(c1)

Step 3: Service of process

The abuser will have to be served with the summons, complaint, 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.

Step 4: The hearing

As the plaintiff requesting a DVPO, you must prove that the defendant has committed one or more acts of domestic violence as defined by the law. 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.

See the At the Hearing section for ways you can show the judge that you were abused. You can learn more about the court system in our Preparing for Court – By Yourself section. It is generally recommended to have an attorney at the hearing. If you need to ask the judge for a continuance to find a lawyer, the continuance will be limited to one extension of no more than ten days unless all parties consent or you can show “good cause” for extending it longer.1

1 NCGS § 50B-2(c)(5)

After the hearing

Can the abuser have a gun?

Once you get a protection order, there may be laws that prohibit the respondent from having a gun in his/her possession.  There are a few places where you can find this information:

  • first, read the questions on this page to see if judges in North Carolina have to power to remove guns as part of a temporary or final order;
  • second, go to our State Gun Laws section to read about your state’s specific gun-related laws; and
  • third you can read our Federal Gun Laws section to understand the federal laws that apply to all states.

You can read more about keeping an abuser from accessing guns on the National Domestic Violence and Firearms Resource Center’s website

What should I do when I leave the courthouse?

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.

  • Review the order before you leave the courthouse. If you have any questions about it, be sure to ask the clerk.
  • Make several copies of the DVPO as soon as possible.
  • Keep a copy of the DVPO with you at all times.
  • Leave copies of the DVPO at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on. The sheriff may deliver a copy of the order to the children’s school if the defendant has been ordered to stay away from the school but you may want to give one to the school to be sure.
  • Give a copy to the security guard or person at the front desk where you live and/or work. You may also want to give them a photo of the defendant.
  • Give a copy of the order to anyone who is named in and protected by the order.
  • If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
  • You may wish to consider changing your locks (if permitted by law) and your phone number.

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 Safety Planning or click the tab on the top of this page.

Can I modify or extend my order?

To change (modify) your order or extend your order, go back to the court where you got it and file a petition with the clerk. The judge can modify an order after a hearing is held if there is “good cause” to do so.1

To extend your order, you must file the petition before your order expires. A judge can extend/renew your order if there is “good cause” to do so. There does not have to be a new act of domestic violence for the judge to renew the order. It can be renewed for up to two years and you can get the order renewed more than once. However, if you were granted temporary custody as part of your original protective order, this cannot be renewed/extended because this temporary custody can only last for a one-year period.2

Note: It is often helpful to file for the renewal at least 30 days before your order expires to make sure there is adequate time for a hearing to be scheduled and conducted.

1 NCGS § 50B-3(b2)
2 NCGS § 50B-3(b)

 

What happens if the abuser violates the order?

Violating a DVPO is against the law. There are three ways to get help if the abuser violates the DVPO.

  1. Through the Police or Sheriff (Criminal)
    If the defendant violates the DVPO, you have the option of calling 911 immediately. In some cases, the defendant can be arrested right away. Tell the officers you have a DVPO and the defendant is violating it. Be prepared to show the officer a copy of your order. If the defendant is arrested, then the district attorney can prosecute the abuser because it is a crime to violate a DVPO. If found guilty of a violation of a DVPO, the defendant can be guilty of a class A1 misdemeanor, which can be punished by jail for up to 150 days, depending on the defendant’s criminal record, and a fine in an amount determined by the judge.1
  2. Through the Magistrate’s Office (Criminal)
    If the officers do not arrest the defendant immediately, you may contact the magistrate’s office to ask for a criminal “warrant” for violation of the DVPO. The warrant tells the police to arrest the abuser. Then, the district attorney can prosecute the abuser. If found guilty, the abuser can be put in jail for up to 150 days depending on the defendant’s prior criminal record.1
  3. Through the Civil Court System (Civil)
    You may file for civil contempt for a violation of the order. The abuser is in “civil contempt” if he or she does anything that your DVPO orders him or her not to do. To file for civil contempt, go to the clerk’s office and ask for a “motion for order to show cause” in a DVPO.2 If the court finds that the defendant is in contempt, the defendant may be ordered to pay a fine and/or be sentenced to jail time.

1 NCGS §§ 50B-4.1; 15A-1340.23
2 NCGS § 50B-4(a)

What happens if I move?

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.

If I get a protection order, will it show up in an internet search?

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

  • the petition you file;
  • the protection order, restraining order, or injunction that was issued by the court; or
  • the registration of an order in a different state.1

1 18 USC § 2265(d)(3)

Civil No-Contact Orders ("50C orders")

Basic info and definitions

What is a civil no-contact order?

A civil no-contact order, also known as a 50C order, is a court order that aims to protect you from unwanted sexual conduct or stalking by someone you do not have an intimate or familial relationship with,1 such as an acquaintance, co-worker, neighbor, or stranger.  If you have one of the intimate or familial relationships with the offender that is described in Who can get a domestic violence protection order (DVPO)?, then you would need to file for a domestic violence protective order (DVPO), not a civil no-contact order.

In a civil no-contact order, a judge can order the abuser or stalker to stop all nonconsensual sexual conduct, stop stalking you, and stay away from you.2  You may receive a temporary order, which will last until you can have a full court hearing, usually within ten days3 and a permanent order, which will last up to one year.4

1 NCGS § 50C-1(8)
2 NCGS § 50C-5(b)
3 NCGS § 50C-6(b)(4)
4 NCGS § 50C-8(b)

What are the legal definitions of “nonconsensual sexual conduct” and “stalking” in North Carolina?

For the purposes of getting a civil no-contact order, you have to be the victim of either unwanted (nonconsensual) sexual conduct or stalking. These two acts may also be referred to as “unlawful conduct” in court.

Nonconsensual sexual conduct is generally any intentional touching, fondling, or sexual act, either directly or through your clothing, for the purpose of sexual gratification or arousal that you did not consent to. For the exact definition, please go to our Selected North Carolina Statutes page.

Stalking is generally when someone repeatedly follows or harasses you with the intent to place you in reasonable fear for your safety or your immediate family’s safety or to cause you emotional distress.1 For the exact definition, please go to our Selected North Carolina Statutes page.

1 NCGS § 50C-1(4), (6), (7)

What types of civil no-contact orders are there? How long do they last?

In North Carolina, there are two types of civil no-contact orders:

  1. a temporary civil no-contact order, and
  2. a permanent civil no-contact order.

A temporary civil no-contact order is designed to provide you with immediate protection from the abuser/stalker. A judge may issue an ex parte temporary order on the same day you file your complaint for a civil no-contact order without prior notice to the abuser if s/he believes that there is a serious and immediate danger to you.1

The temporary order will generally last for up to ten days until the court hearing where the abuser/stalker can be present. The order can be extended if there is “good cause” to do so or if the respondent consents. The temporary order is not valid until the respondent is served with a copy of the order. Note: If you are denied a temporary ex parte order, the judge may still hold a hearing to decide whether or not to grant you a permanent civil no-contact order; that hearing must be scheduled within 30 days from the date that you were denied the ex parte order.2

In order to get a permanent civil no-contact order, you need to have a full court hearing. The abuser or stalker has to be served with notice of the hearing so s/he has an opportunity to attend. At the hearing, you will both have a chance to present evidence, witnesses and testimony to prove your case. It may be best to have an attorney present at this hearing to make sure your rights are protected. A permanent no-contact civil order lasts up to one year. You can later ask the court to extend the order, but you must do so before it expires.3 For more information on extending a permanent order, see Can I file to extend my final civil no-contact order beyond one year?

1 NCGS § 50C-6
2 NCGS § 50C-8(a)
3 NCGS § 50C-8(c)

How does a judge decide whether or not to extend my temporary order to a final order?

The judge will hold a hearing generally within ten days from when the temporary order was issued to decide whether or not to extend your order. During this hearing, the respondent can respond to the allegations of unlawful conduct that you included in your petition and can try and explain, excuse, justify, or deny his/her conduct. The judge will then consider all of the evidence and decide whether or not the unlawful conduct actually happened. The judge has to believe that it is “more likely than not” that an act of unlawful conduct, either unwanted sexual conduct or stalking, happened. If the judge decides that an act of unlawful conduct did occur, then s/he will grant you a final order.1

1 NCGS § 50C-7

What protections can I get in a civil no-contact order?

A temporary ex parte or permanent civil no-contact order can:

  • order the respondent not to visit, assault, molest, or interfere with you in any way;
  • order the respondent to stop stalking or harassing you, including at your workplace;
  • order the respondent not to abuse or injure you;
  • order the respondent not to contact you by telephone, written communication, or electronic means, such as email or social media;
  • order the respondent to stay away from your residence, school, work, or other specified places at times when you are present; and
  • order other relief that the court thinks is necessary and appropriate to protect you, including ordering either party to pay the other’s attorney’s fees.1

1 NCGS § 50C-5(b)

Where do I file for a civil no-contact order?

You can file for a civil no-contact order in the district court in the county where you live, in the county where the abuser/stalker lives, or in the county where the unlawful conduct took place.1

1 NCGS § 50C-2(c)

If the abuser lives in a different state, can I still get an order against him/her?

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

  1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
  2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
  3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

Who can get a civil no-contact order

Am I eligible to file for a civil no-contact order?

Any person who has suffered nonconsensual sexual acts or stalking as defined by North Carolina law can apply to the court for a civil no-contact order if these acts were committed by someone you do not have an intimate or familial relationship with.1 If you have an intimate or familial relationship with the offender, you would file for a domestic violence protection order (DVPO) instead. If the victim is “incompetent,” another competent adult who lives in North Carolina can file on behalf of the incompetent adult as long as s/he is victim of unlawful conduct that took place in North Carolina.2 You do not have to have a physical injury to get a civil no-contact order.3

In addition, an employer can file a complaint for civil no-contact order pursuant to the Workplace Violence Prevention Act. The employer could be eligible to file if an employee has suffered “unlawful conduct” from the respondent that could be interpreted to have taken place at the employee’s workplace.4

1 NCGS § 50C-1(8)
2 NCGS § 50C-2(a)(2)
3 NCGS § 50C-5(a)
4 See Complaint for civil no-contact order pursuant to the Workplace Violence Prevention Act

Can I apply for a civil no-contact order if I am a minor?

A minor can file a petition or the minor’s parent or legal guardian can file a civil no-contact order on a minor’s behalf.1

1 NCGS § 50C-2(a)(2); see also UNC School of Government

Can I file for a civil no-contact order against a minor?

A civil no-contact order can only be filed against someone who is 16 years old or older.1 However, you can still report any act of unwanted sexual conduct or stalking by someone of any age to the police.

1 NCGS § 50C-1(7)

Getting the order

What are the steps involved with getting a civil no-contact order?

The steps to get a civil no-contact order are similar to the steps to get a domestic violence protective order. If you have any questions, call the clerk of court. You can find the contact information for your courthouse’s clerk on the NC Courthouse Locations page .

In general, you have to file a complaint for a civil no-contact order in the district court in the county where you live, in the county where the abuser/stalker lives, or in the county where the unlawful conduct took place.1 Service upon the respondent will be done via “personal service” by the sheriff’s department. If the sheriff cannot locate the respondent, s/he can be served by publication, which is explained in the law in subsection (j)(1).2 The respondent has the option of filing a written answer with the court to respond to your allegations in the complaint within ten days of service. If s/he does not answer and does not appear in court, the judge may grant you the order on “default.”3

1 NCGS § 50C-2(a)
2 NCGS §§ 50C-3(b); 1A-4(j)
3 NCGS § 50C-3(a), (c)

How much does a civil no-contact order cost?

A civil no-contact order is free of charge.1

1 NCGS §§ 50C-2(b); 1-82

Will the abuser or stalker be notified that I am trying to get a civil no-contact order against him/her?

The abuser or stalker must be personally served with a copy of your petition, the temporary no-contact order, if there is one, and the notice of the hearing for the final civil no-contact order.1 These legal papers will be served upon the respondent personally by the sheriff and if the sheriff cannot locate the respondent, s/he can be served by publication, which is explained in the law on our Selected North Carolina Statutes page, subsection (j1).2

1 NCGS § 50C-3(b)
2 NCGS §§ 50C-3(b); NC Rules of Civ. Proc. Rule 4(j), (j1)

Will the abuser or stalker have access to my address?

If you tell the clerk that having your address on the court forms would place you or a family member at risk, you can leave out your address from all of the documents filed with the court. However, you have to provide an alternative address to receive notice of any court proceedings or motions made by the respondent.1 You may also apply for the NC Department of Justice Address Confidentiality Program, which allows domestic violence, sexual assault or stalking victims to keep their address safe from possible or former abusers by using the government address for mail and the government forwards the mail to your confidential address.

1 NCGS § 50C-2(d)

After the hearing

Can I file to extend my final civil no-contact order?

You can file to renew the final order one or more times. To file for a renewal, you must file a “motion to renew no-contact order” before the civil no-contact order expires.  You do not need a new incident of unlawful conduct to renew your order – the judge can renew it if s/he finds there is “good cause” to do so.1

1 NCGS § 50C-8(c)

What happens if the abuser/stalker violates the civil no-contact order?

If the stalker/abuser violates the civil no-contact order, s/he may be charged with civil or criminal contempt of court, which may result in a fine or imprisonment.1 The punishment for criminal contempt can be imprisonment up to 30 days, a fine of up to $500.00, or both.2 To alert the court of the violation, you can file a Motion and Order to Show Cause for Failure to Comply with No-Contact Order form (#AOC-CV-528).

1 NCGS §§ 50C-5(c); 50C-10
2 NCGS § 5A-12

If I get a protection order, will it show up in an internet search?

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

  • the petition you file;
  • the protection order, restraining order, or injunction that was issued by the court; or
  • the registration of an order in a different state.1

1 18 USC § 2265(d)(3)

Civil No-Contact Orders for Victims of Registered Sex Offenders ("50D orders")

Basic info

What is a civil no-contact order for victims of registered sex offenders?

A civil no-contact order for victims of registered sex offenders, also known as a “50D order,” is a life-long court order that aims to protect you from an abuser who was convicted of a crime that requires registration on the sex offender registry.1

1 NCGS § 50D-1

Who can get a civil no-contact order for victims of registered sex offenders?

If you are the victim of a sex offense, or certain other non-sexual offenses, that occurred in North Carolina or a similar crime in another state, you may be eligible for a 50D civil no-contact order if:

  • The abuser was convicted of the offense; and
  • The criminal offense requires registration on the sex offender registry.1

You may also be able to file on behalf of a minor child or an incompetent adult who is a victim of registerable sex offense.2

1 NCGS §§ 50D-2(a)(1); 14-208.6(4)(b)
2 NCGS § 50D-2(a)(2), (a)(3)

What crimes could qualify me for a 50D civil no-contact order?

Most of the crimes that require registration are sexually violent crimes, including forcible rape of an adult or child, statutory rape, sexual battery, and sexual exploitation of a minor.  Other crimes are sexual in nature, but not necessarily violent, such as felony peeping. Certain non-sexual offenses against a minor also require registration, including kidnapping, felonious restraint and abduction of a child by a non-parent.1 You can read more about which crimes require registration by reading the language of NCGS § 14-208.6 on our Selected North Carolina Statutes page or by looking at the chart created by the University of North Carolina School of Government

Note: You may also be eligible for a 50D order if the abuser was convicted in another state or in federal court of an offense that is significantly similar to the registerable offenses in North Carolina or if the offense requires registration in the state where the abuser was convicted.2

1 NCGS § 14-208.6(4)(a), (5)
2 NCGS § 14-208.6(4)(b), (4)(c)

How long does a civil no-contact order for victims of registered sex offenders last?

The order is permanent and can last forever.1

1 NCGS § 50D-1

If the abuser lives in a different state, can I still get an order against him/her?

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

  1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
  2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
  3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

Getting the order

What do I have to prove for the judge to grant me a civil no-contact order?

If the judge finds the following is true, s/he can issue a civil no-contact order:

  • The abuser was convicted of committing a sex offense against you;
  • You did not seek a permanent no-contact order in criminal court under NCGS § 15A-1340.50;
  • There are reasonable grounds for you to fear that the abuser will contact you in the future; and
  • The abuser received notice of the case, and either
    • answered the complaint and notice of the hearing was given, or
    • failed to respond to the complaint and is in default.1

1 NCGS § 50D-5(a)

What protections can I get in a civil no-contact order?

A civil no-contact order can order that the abuser not:

  • threaten, visit, assault, molest, or otherwise interfere with you;
  • follow you, including at your workplace;
  • harass you;
  • abuse or injure you;
  • contact you by telephone, written communication, or electronic means; and
  • enter or remain present at your residence, school, place of employment, or other specified places at times when you are present.1

The judge can also order anything else s/he finds necessary and appropriate.1

1 NCGS § 50D-5(b)

How is a 50D civil no-contact different than a 50C civil no-contact order or a 50B domestic violence protective order?

All three orders, 50D, 50C and 50B, can protect victims of sexual assault.  However, 50D no-contact orders are permanent, whereas 50C and 50B orders must be renewed in person each time the order expires.1  Additionally, another important difference is that victims of sexual assault are only eligible for a 50D civil no-contact order if the offender was convicted and the offense requires registration on the sex-offender registry.2  You can read more about 50C orders on our Civil No-Contact Order (“50C orders”) page and 50B orders on our Domestic Violence Protective Orders (“50B orders”) page.

1 NCGS §§ 50D-1(1); 50C-8(c); 50B-3(b)
2 NCGS § 50D-5

Enforcing Your Out-of-State Order in North Carolina

General rules for out-of-state orders in North Carolina

Can I get my protection order enforced in North Carolina? What are the requirements?

Your protection order can be enforced in North Carolina as long as:

  • It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
  • The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
  • The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story. It doesn’t matter if s/he actually showed up in court; just that s/he had the opportunity to do so.
    • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled within a “reasonable time” after the order is issued.2

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a) & (b); NCGS § 50B-4(d)

Can I have my out-of-state protection order changed, extended, or canceled in North Carolina?

Generally, only the state that issued your protection order can change, extend, or cancel the order. You likely cannot have this done by a court in North Carolina.

To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living. To find out more information about how to modify a restraining order, see the Restraining Orders page for the state where your order was issued.

If your order does expire while you are living in North Carolina, you may be able to get a new one issued in North Carolina but this may be difficult to do if no new incidents of abuse have occurred in North Carolina. To find out more information on how to get a protective order in North Carolina, visit our NC Restraining Orders page.

I was granted temporary custody with my out-of-state protection order. Will I still have temporary custody of my children in North Carolina?

As long as the child custody provision complies with certain federal laws,1 North Carolina can enforce a temporary custody order that is a part of a protection order.

To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area.  To find a lawyer in your area click here NC Finding a Lawyer.

1 The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.

Registering your out-of-state order in North Carolina

What is the National Crime Information Center (NCIC) Registry? Who has access to it?

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.

All law enforcement officials have access to it, but the information is encrypted so outsiders cannot access it.

How do I register my protection order in North Carolina?

To register your protection order in North Carolina, go to the Superior Court in your county, and bring the following items:

  1. one copy of your protection order. It does not need to be a certified copy;
  2. the form called “Request and Affidavit to Register and Registration of Out-of-state Domestic Violence Protective Order” (AOC-CV-315), which is available online and at the superior court; and
  3. the form called ”Identifying Information About Defendant Domestic Violence Action” (AOC-CV-312), which is available online and at the superior court.

When you give the forms and the copy of your protection order to the clerk of the court, you will need to swear under oath that to the best of your knowledge, the order is still in effect and nothing about the order has been changed.  Then you will sign the form in front of the clerk. Once the Superior Court receives all of this information from you, the clerk will send a copy to the sheriff who will enter your protection order into the National Crime Information Center Registry (NCIC).1 To find the superior court in your county, go to our NC Courthouse Locations page.

If you need help registering your protection order, you can contact a local domestic violence organization in North Carolina for assistance.  You can find contact information for organizations in your area here on our NC Advocates and Shelters page.

 1 NCGS § 50B-3(d)

Do I have to register my protection order in North Carolina in order to get it enforced?

North Carolina state law gives full protection to an out-of-state protection order as long as you can show the officer a copy of the order and can truthfully tell the officer that you believe the order is still in effect.1 It does not have to be entered into the state or federal registry in order to be enforced by a North Carolina police officer, but the officer does need to believe that it is a valid order.

1 NCGS § 50B-4(d)

Will the abuser be notified if I register my protection order?

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Staying Safe page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our NC Advocates and Shelters page.

1 18 USC § 2265(d)

What if I don't register my protection order? Will it be more difficult to have it enforced?

While neither federal law nor state law requires that you register your protection order in order to get it enforced, if your order is not entered into the state registry, it may be more difficult for a North Carolina law enforcement official to determine whether or not your order is real, which means that it could take longer to get your order enforced.

If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area.  An advocate there can help you decide what the safest plan of action is for you in North Carolina. To see a list of local domestic violence organizations, go to our NC State and Local Programs page.

Does it cost anything to register my protection order?

There is no fee for registering your protection order in North Carolina.

Moving to Another State with a Protective Order

General rules

Can I get my DVPO from North Carolina enforced in another state?

If you have a valid North Carolina DVPO that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, states that all valid DVPOs granted in the United States receive “full faith and credit” in all state and tribal courts within the US, including US territories. See How do I know if my DVPO is good under federal law? to find out if your DVPO qualifies.

“Full faith and credit” means that each state must enforce out-of-state DVPOs in the same way it enforces its own orders. Meaning, if your abuser violates your out-of-state DVPO, s/he will be punished according to the laws of whatever state you are in when the order is violated.

How do I know if my DVPO is good under federal law?

A DVPO is good anywhere in the United States as long as:

  • It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
  • The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
  • The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story. It doesn’t matter if s/he actually showed up in court; just that s/he had the opportunity to do so.
    • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled within a “reasonable time” after the order is issued.2

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a) & (b)

 

I have a temporary ex parte order. Can it be enforced in another state?

An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my DVPO is good under federal law?1

Note: The state where you are going generally cannot extend your ex parte temporary order or issue you a permanent order when the temporary one expires.  If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone or by electronic means if that is an option offered by the court.  However, you may be able to apply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.

1 18 U.S.C. § 2265(b)(2)

Getting your protective order enforced in another state

How do I get my DVPO enforced in another state?

Federal law does not require you to take any special steps to get your domestic violence protection order (DVPO) enforced in another state.

Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid DVPO is enforceable regardless of whether it has been registered or filed in the new state.1  Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.

1 18 U.S.C. § 2265(d)(2)

Do I need anything special to get my DVPO enforced in another state?

In most states, you will need a certified copy of your DVPO. A certified copy says that it is a “true and correct” copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp on it. However, in some states you can simply show law enforcement a copy that appears valid on its face for it to be enforced.

If the copy you originally received was not a certified copy, you can go to the court that gave you the order and ask the clerk’s office for a certified copy.

 

Can I get someone to help me? Do I need a lawyer?

You do not need a lawyer to get your DVPO enforced in another state.

However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to.  A domestic violence advocate can let you know what the advantages and disadvantages are for registering your DVPO, and help you through the process if you decide to do so.

To find a domestic violence advocate or an attorney in the state you are moving to, select your state from the Places that Help tab on the top of this page. 

Enforcing custody provisions in another state

I was granted temporary custody with my DVPO. Will another state enforce the custody order?

Custody, visitation, and child support provisions that are included in a DVPO can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.1

1 18 USC § 2266

I was granted temporary custody with my DVPO. Can I take my kids out of the state?

Whether you can take your kids out of state may depend on the exact wording of the custody provision in your DVPO. You may have to first seek the permission of the court before leaving.  If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.

To read more about custody laws in North Carolina, go to our Custody page.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children.  You can find contact information for local domestic violence organizations and legal assistance in the NC area on our NC Places that Help page.