Legal Information: North Carolina

Restraining Orders

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November 27, 2017

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.*  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 here (go to subsection (j)(1)).**  The respondent has the option of filing a written answer with the court to respond to your allegations in the complaint within 10 days of service.  If s/he does not answer and does not appear in court, the judge may grant you the order on “default.”***

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