Legal Information: North Carolina

Restraining Orders

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November 27, 2017

Step 5: Attend the hearing.

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)