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.¹ Note: 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)

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

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.

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

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

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

¹ NCGS § 50B-2(a)

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)

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.¹ 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)

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)

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. 

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)

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.

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)

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)

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)

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.

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

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)

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)

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)

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

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

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)

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.

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)

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

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.

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)

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)

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

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)

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.

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.