How to Get a Restraining Order in North Carolina
In North Carolina these are called Domestic Violence Protective Order (DVPO or '50B order'): emergency/ex parte and one-year orders; No-Contact Order for stalking or nonconsensual sexual conduct ('50C order'). A protective order is a court order that tells someone to stop abusing, threatening, stalking or contacting you. Here is how to ask for one, what happens next, and where to get free help — each rule linked to the statute or official court page.
Quick answers for North Carolina
- Cost
- Free. Clerks provide the paperwork at no charge, and no court costs or attorney fees are charged for filing, issuing, registering or serving a protective order or witness subpoena. N.C.G.S. §50B-2(a); NC Judicial Branch help topic
- Emergency / temporary orders
- At a short ex parte hearing with only the plaintiff, a judge can grant an ex parte order if there is a danger of domestic violence against you or a minor child; it lasts until the next hearing. N.C.G.S. §50B-2(c)(1), (6)
- How long an order lasts
- Up to 1 year. On your motion filed before it expires, a judge can renew it for up to 2 years at a time for good cause, with no limit on the number of renewals; a new act of violence is not required. N.C.G.S. §50B-3(b); NC Judicial Branch help topic
- Where to ask
- District court, through the clerk of court's office at your county courthouse; local domestic violence agencies can help, and in some counties you can file from the agency's office with a video hearing. N.C.G.S. §50B-2; NC Judicial Branch help topic
Last verified: 2026-10-25
Safety first
- If you are in immediate danger, call 911.
- You can talk to a trained advocate any time, for free and confidentially, through the National Domestic Violence Hotline.
- Advocates can help you make a safety plan and fill out the court forms. Many courts have advocates on site.
- Keep copies of the order with you. Give copies to people who need to know, such as your workplace or your child's school.
Getting an order
| Types of orders | Domestic Violence Protective Orders (DVPOs, '50B orders') for people with a qualifying personal relationship, starting with an ex parte or emergency order and followed by an order of up to one year. Victims of sexual assault or stalking without a qualifying relationship can seek a civil No-Contact Order ('50C order'); police do not arrest for violating a 50C order, but the judge can hold the violator in contempt. |
|---|---|
| Who can ask for an order | Anyone living in North Carolina, regardless of citizenship or immigration status, or seeking relief for acts in North Carolina. The relationship must be: current or former spouse; someone who lives or lived with you; a current or former household member; someone you have a child with; a current or past dating partner; or a parent, child, grandparent or grandchild (but an order cannot be obtained against a child or grandchild under 16). Domestic violence includes causing or attempting bodily injury, placing in fear of imminent serious injury or continued harassment causing substantial emotional distress, and sexual assault. The statute text still says 'persons of opposite sex' for dating and living-together relationships; the Judicial Branch page uses the same wording for dating. |
| Where to ask | District court, through the clerk of court's office at your county courthouse; local domestic violence agencies can help, and in some counties you can file from the agency's office with a video hearing. Some counties let magistrates grant emergency DVPOs outside business hours; others act only on court business days. A free online Guide & File service is available for DVPO paperwork. |
| Cost | Free. Clerks provide the paperwork at no charge, and no court costs or attorney fees are charged for filing, issuing, registering or serving a protective order or witness subpoena. |
Emergency orders and the hearing
| Emergency / temporary orders | At a short ex parte hearing with only the plaintiff, a judge can grant an ex parte order if there is a danger of domestic violence against you or a minor child; it lasts until the next hearing. If you file without a lawyer and ask for ex parte relief, the clerk schedules the ex parte hearing within 72 hours or by the end of the next day district court is in session, whichever is first. Source: N.C.G.S. §50B-2(c)(1), (6) |
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| Serving the order | The sheriff personally serves the defendant with the complaint, notice of hearing and any ex parte order, at no cost to the plaintiff. The case can move forward only after service. |
| The court hearing | After an ex parte order, the full hearing is held within 10 days of the order or within 7 days after the defendant is served, whichever is later; continuances are limited. Both parties may present witnesses and evidence. If the defendant has been served but does not appear, the judge may decide without them; if you do not appear, the case is usually dismissed. |
| How long an order lasts | Up to 1 year. On your motion filed before it expires, a judge can renew it for up to 2 years at a time for good cause, with no limit on the number of renewals; a new act of violence is not required. Temporary custody in a DVPO cannot be extended beyond one year. |
What the order does
| What an order can require | Order no further domestic violence; give you possession of the home and exclude or evict the defendant; require suitable alternate housing for a spouse and children; award temporary custody and visitation; order child or spousal support; decide possession of personal property and pets; bar threatening, abusing, following, harassing or interfering with you, or harming pets; prohibit buying a firearm; order an abuser treatment program; award attorney's fees; and other protections needed for safety. Source: N.C.G.S. §50B-3(a) |
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| Firearms | When issuing an emergency or ex parte order, the court must order surrender of all firearms, ammunition and gun permits to the sheriff if the defendant used or threatened a deadly weapon, threatened to seriously injure or kill, threatened suicide, or caused serious injuries. The defendant must surrender them when served (or within 24 hours) and may not possess, buy or receive firearms while the order is in effect. Source: N.C.G.S. §50B-3.1 |
| If the order is violated | Knowingly violating a protective order is a Class A1 misdemeanor. It becomes a Class H felony after two prior convictions, if the person has a deadly weapon while failing to stay away, or if they enter a domestic violence shelter where the protected person lives. Police must arrest on probable cause for violating stay-away or no-harassment terms. You can call police, go to the magistrate, or file a Motion for Order to Show Cause for contempt. Source: N.C.G.S. §50B-4.1 |
Children and privacy
| Minors and children | A person may file for a DVPO for acts of domestic violence against a minor child who lives with them or is in their custody. Source: N.C.G.S. §50B-1(a); §50B-2(a) |
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| Keeping your address private | North Carolina's Address Confidentiality Program, run by the Office of the Attorney General, gives relocated victims of domestic violence, sexual offense, stalking or human trafficking a substitute address for state and local agency records. Source: N.C.G.S. §§15C-1, 15C-3 |
Forms and help in North Carolina
- North Carolina courts: protective order help
- Official North Carolina protective order forms
- North Carolina Council for Women (state agency; domestic violence service agency directory linked by the NC Judicial Branch)
- Free legal aid in North Carolina
North Carolina protective order FAQ
What kinds of protective orders are available in North Carolina?
Domestic Violence Protective Orders (DVPOs, '50B orders') for people with a qualifying personal relationship, starting with an ex parte or emergency order and followed by an order of up to one year. Victims of sexual assault or stalking without a qualifying relationship can seek a civil No-Contact Order ('50C order'); police do not arrest for violating a 50C order, but the judge can hold the violator in contempt.
Who can get a restraining order in North Carolina?
Anyone living in North Carolina, regardless of citizenship or immigration status, or seeking relief for acts in North Carolina. The relationship must be: current or former spouse; someone who lives or lived with you; a current or former household member; someone you have a child with; a current or past dating partner; or a parent, child, grandparent or grandchild (but an order cannot be obtained against a child or grandchild under 16). Domestic violence includes causing or attempting bodily injury, placing in fear of imminent serious injury or continued harassment causing substantial emotional distress, and sexual assault.
Where do I file for a restraining order in North Carolina?
District court, through the clerk of court's office at your county courthouse; local domestic violence agencies can help, and in some counties you can file from the agency's office with a video hearing. Some counties let magistrates grant emergency DVPOs outside business hours; others act only on court business days. A free online Guide & File service is available for DVPO paperwork.
Does it cost money to get a restraining order in North Carolina?
Free. Clerks provide the paperwork at no charge, and no court costs or attorney fees are charged for filing, issuing, registering or serving a protective order or witness subpoena.
How fast can I get an emergency protective order in North Carolina?
At a short ex parte hearing with only the plaintiff, a judge can grant an ex parte order if there is a danger of domestic violence against you or a minor child; it lasts until the next hearing. If you file without a lawyer and ask for ex parte relief, the clerk schedules the ex parte hearing within 72 hours or by the end of the next day district court is in session, whichever is first.
What happens at the restraining order hearing in North Carolina?
After an ex parte order, the full hearing is held within 10 days of the order or within 7 days after the defendant is served, whichever is later; continuances are limited. Both parties may present witnesses and evidence. If the defendant has been served but does not appear, the judge may decide without them; if you do not appear, the case is usually dismissed.
How long does a restraining order last in North Carolina?
Up to 1 year. On your motion filed before it expires, a judge can renew it for up to 2 years at a time for good cause, with no limit on the number of renewals; a new act of violence is not required. Temporary custody in a DVPO cannot be extended beyond one year.
What can a protective order do in North Carolina?
Order no further domestic violence; give you possession of the home and exclude or evict the defendant; require suitable alternate housing for a spouse and children; award temporary custody and visitation; order child or spousal support; decide possession of personal property and pets; bar threatening, abusing, following, harassing or interfering with you, or harming pets; prohibit buying a firearm; order an abuser treatment program; award attorney's fees; and other protections needed for safety.
Does a protective order affect firearms in North Carolina?
When issuing an emergency or ex parte order, the court must order surrender of all firearms, ammunition and gun permits to the sheriff if the defendant used or threatened a deadly weapon, threatened to seriously injure or kill, threatened suicide, or caused serious injuries. The defendant must surrender them when served (or within 24 hours) and may not possess, buy or receive firearms while the order is in effect.
How is a restraining order served in North Carolina?
The sheriff personally serves the defendant with the complaint, notice of hearing and any ex parte order, at no cost to the plaintiff. The case can move forward only after service.
What happens if someone violates a protective order in North Carolina?
Knowingly violating a protective order is a Class A1 misdemeanor. It becomes a Class H felony after two prior convictions, if the person has a deadly weapon while failing to stay away, or if they enter a domestic violence shelter where the protected person lives. Police must arrest on probable cause for violating stay-away or no-harassment terms. You can call police, go to the magistrate, or file a Motion for Order to Show Cause for contempt.
Can a minor get a restraining order in North Carolina?
A person may file for a DVPO for acts of domestic violence against a minor child who lives with them or is in their custody.
Can I keep my address confidential in North Carolina?
North Carolina's Address Confidentiality Program, run by the Office of the Attorney General, gives relocated victims of domestic violence, sexual offense, stalking or human trafficking a substitute address for state and local agency records.
Protective orders in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.