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Legal Information: North Carolina

Restraining Orders

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December 22, 2023

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)