To get a restraining order in North Carolina, you file a petition at your local Clerk of Superior Court, ask a judge for same-day temporary protection if you are in immediate danger, and then return within about 10 days for a full hearing where the judge decides on a longer order. Filing is free. The state uses two separate orders depending on your relationship with the person harming you: a Domestic Violence Protective Order (often called a 50B) or a Civil No-Contact Order (a 50C).
Which Order You Need
North Carolina splits protective orders in two based on relationship, and picking the right one matters because the eligibility rules, remedies, and violation penalties differ.
A 50B Domestic Violence Protective Order is for someone you have a “personal relationship” with. The statute lists six qualifying relationships: current or former spouses; opposite-sex persons who live or have lived together; parents and children (including anyone acting in a parental role toward a minor) and grandparents and grandchildren; people who share a child; current or former household members; and opposite-sex persons in a current or former dating relationship, meaning a romantic relationship that continued over time rather than casual social contact. Domestic violence under the statute means attempting or intentionally causing bodily injury, placing you or a family member in fear of imminent serious bodily harm or continued harassment causing substantial emotional distress, or committing a sexual offense.1North Carolina General Assembly. North Carolina General Statutes Chapter 50B – Domestic Violence You cannot get a DVPO against a child or grandchild under 16.
The cohabitation and dating categories are limited by statute to persons of the opposite sex. Same-sex partners may still qualify under one of the other categories, such as household members or parents of a shared child.
A 50C Civil No-Contact Order is the option when you do not have that kind of personal relationship with the person. It covers victims of nonconsensual sexual conduct or stalking by a neighbor, coworker, acquaintance, or stranger.2North Carolina General Assembly. North Carolina General Statutes Chapter 50C – Civil No-Contact Orders
Filling Out the Petition
The forms are available from the Clerk of Superior Court in your county and on the North Carolina Courts website. For a 50B you complete a Complaint for Domestic Violence Protective Order; for a 50C you complete a Complaint for Civil No-Contact Order. You will need your full name, address, and date of birth, along with the same information for the person you want the order against. Any person residing in North Carolina, or seeking relief for acts that occurred in the state, may file.3North Carolina General Assembly. North Carolina General Statutes 50B-2 – Institution of Civil Action4North Carolina General Assembly. North Carolina General Statutes 50C-2 – Commencement of Action
The heart of the petition is your written description of what happened. Be specific about dates, times, locations, and exact actions or words. “He grabbed my arm and shoved me into a wall on March 5, 2026, at approximately 9 p.m. in our kitchen” carries far more weight than “he was violent.” If there have been multiple incidents, describe the most recent one in detail and summarize the pattern.
Evidence That Helps Your Case
You do not need documentary evidence to file, and many successful petitions rest primarily on the petitioner’s own testimony. Anything you can bring, though, strengthens your position:
- Police reports
- Medical records documenting injuries
- Photographs of bruises or property damage
- Screenshots of threatening texts, emails, or social media messages
- Written statements from witnesses, or witnesses willing to testify in person
Filing and the Same-Day Ex Parte Hearing
You take your completed forms to the Clerk of Superior Court. After you file, a judge or magistrate can hold an ex parte hearing that same day. Ex parte means the other person is not there. If the judge finds you face an immediate danger, a temporary protective order is issued on the spot and stays in place until the full hearing. If the judge does not find enough for a temporary order, your case still moves forward to the full hearing where both sides get to present evidence.
The Full Hearing
Once a temporary order is issued, the sheriff’s office serves the other party with the order and a notice of the hearing date. The full hearing must be scheduled within 10 days from the date of the ex parte order, or within seven days from the date the other party was served, whichever is later. The court may grant one continuance of up to 10 additional days unless both sides agree to a longer delay or the judge finds good cause.3North Carolina General Assembly. North Carolina General Statutes 50B-2 – Institution of Civil Action Protective order hearings get priority on the court calendar.
At the hearing, both sides can present evidence, call witnesses, and testify. Bring copies of everything you submitted with your petition plus any additional evidence you have gathered since. Live testimony from a witness is usually more persuasive than a written statement. The judge then decides whether to issue a longer-term order.
What the Judge Can Order
A 50B can go well beyond a “stay away” instruction. After finding that domestic violence occurred, the court can order any combination of the following:
- No contact by any means, including phone and electronic communication, and no threatening, harassing, or following
- Exclusive possession of the shared home, requiring the abuser to leave even if they own or lease it
- Temporary child custody and visitation terms, with options for supervised visits, exchanges in a protected setting, or conditions such as completing an abuser treatment program
- Child support or spousal support payments
- Care, custody, and control of any household pet
- A prohibition on the abuser purchasing firearms for the duration of the order
- Completion of an approved abuser treatment program
The court has broad authority to add any additional prohibition or requirement it considers necessary to protect you or your children. Temporary custody orders within a 50B cannot extend beyond one year even if the protective order is renewed.5North Carolina General Assembly. North Carolina General Statutes 50B-3 – Relief
A 50C carries a narrower set of remedies. The court can order the respondent to stop visiting, assaulting, stalking, or harassing you, to cease all contact by phone or electronic means, and to stay away from your home, school, workplace, or other specified locations. The court may also award attorney’s fees to either party.6North Carolina General Assembly. North Carolina General Statutes 50C-5 – Civil No-Contact Order; Remedy
Firearms Surrender in a 50B
State law requires the judge to order surrender of all firearms, ammunition, and gun permits when issuing a temporary or ex parte 50B if the judge finds any of the following: the abuser used or threatened to use a deadly weapon or has a pattern of doing so; the abuser threatened to seriously injure or kill you or your child; the abuser threatened suicide; or the abuser inflicted serious injuries on you or your child. When the order is served, the abuser must surrender the firearms to the sheriff immediately, or within 24 hours if immediate surrender is not possible.7North Carolina General Assembly. North Carolina General Statutes 50B-3.1 – Surrender and Disposal of Firearms
How Long It Lasts and How to Renew
A 50B lasts for a fixed period set by the court, up to one year. Before it expires, you can file a motion to renew, and the court can renew for up to two years at a time. You can renew more than once. You do not have to show a new act of violence to renew; the standard is good cause. If your renewal hearing falls after the current order would expire, ask the court to extend the existing order on an ex parte basis for up to 30 days or until the hearing, whichever comes first. File the renewal motion well before the expiration date to avoid any gap.5North Carolina General Assembly. North Carolina General Statutes 50B-3 – Relief
A 50C also lasts for a fixed period up to one year.2North Carolina General Assembly. North Carolina General Statutes Chapter 50C – Civil No-Contact Orders
If the Order Is Violated
Knowingly violating a 50B is a Class A1 misdemeanor, the most serious misdemeanor classification in North Carolina. An officer is required to arrest without a warrant if there is probable cause to believe the person knowingly violated an order excluding them from your home or prohibiting abuse or threats. A person convicted of violating a 50B who already has two or more prior Chapter 50B convictions is charged as a Class H felon.8North Carolina General Assembly. North Carolina General Statutes 50B-4.1 – Violation of Valid Protective Order
Knowingly violating a 50C is punishable as contempt of court, which can carry fines or jail time, but it is not a standalone criminal offense the way a 50B violation is.2North Carolina General Assembly. North Carolina General Statutes Chapter 50C – Civil No-Contact Orders
Call 911 immediately if the restrained person violates any protective order. Keep a certified copy of your order with you so responding officers can verify it.
Where to Get Help
You do not need an attorney to file, and clerk’s office staff can help you complete the forms, though they cannot give legal advice. When your case involves child custody, shared property, or complex facts, having an attorney at the full hearing can meaningfully affect what the court orders.
Legal Aid of North Carolina offers free legal help to domestic violence survivors who qualify by income; you can apply through the online intake at legalaidnc.org. Many counties also have local domestic violence agencies whose advocates can go to court with you, help with safety planning, and connect you with emergency shelter.