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How do I get a restraining order in North Carolina?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

North Carolina splits civil protection by relationship category.

1. Types of Protective Orders

  • Domestic Violence Protective Order (DVPO / 50B) — N.C. Gen. Stat. Ch. 50B.
  • Civil No-Contact Order (50C) — N.C. Gen. Stat. Ch. 50C (non-domestic stalking or unwanted sexual conduct).
  • Workplace Violence Prevention Order — N.C. Gen. Stat. Ch. 95, Art. 23.
  • Permanent No-Contact Order for sex offense victims — N.C. Gen. Stat. § 15A-1340.50 (entered at criminal sentencing).
  • No statewide red-flag law.

    • 2. Eligibility

    DVPO requires "personal relationship" (§ 50B-1(b)): current/former spouses, persons of opposite sex who live or have lived together, parent/child, current/former household members, persons in a current/former dating relationship, persons sharing a child. Same-sex dating partners qualify under "dating relationship" since 2020. 50C orders require no relationship.

    3. Filing

    File in District Court of the county where plaintiff or defendant resides. No filing or service fee for DVPO (§ 50B-2(a)). Forms via N.C. Administrative Office of the Courts (AOC-CV-303, -304).

    4. Emergency / Ex Parte

    Issued same day on showing of "serious and immediate injury" risk (§ 50B-2(c)). Lasts until full hearing, which must occur within 10 days (or up to 5 additional days for good cause).

    5. Full Hearing

    Preponderance standard. Defendant served personally. Both parties present; testimony, texts, photos, medical, police records. Counsel optional.

    6. Permanent Order Duration

    Up to 1 year initially (§ 50B-3(b)); may be renewed for 2 additional years with each renewal on motion filed before expiration.

    7. Enforcement

    Violation is a Class A1 misdemeanor under § 50B-4.1 (up to 150 days jail); Class H felony if a deadly weapon involved or if third violation. Officers must arrest on probable cause (§ 50B-4.1(b)). Firearm surrender required (§ 50B-3.1); federal prohibition under 18 U.S.C. § 922(g)(8).

    8. Modification / Termination

    Either party may move to modify under § 50B-3(c); court weighs safety and changed circumstances.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Defendant has hired counsel for the 10-day hearing
    • Custody and child support are being decided inside the DVPO
    • Concealed handgun permit or military firearm is at stake
    Related Statutes & Laws
    • N.C. Gen. Stat. Ch. 50B
    • N.C. Gen. Stat. Ch. 50C
    • N.C. Gen. Stat. § 50B-4.1
    • 18 U.S.C. § 922(g)(8)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.