Restraining Orders in Raleigh: Wake County Filing and Hearings

To file a restraining order in Wake County, go to the Wake County Courthouse at 316 Fayetteville Street in Raleigh, Room 527 on the fifth floor, on a weekday between 8:30 a.m. and 3:30 p.m. There is no filing fee. You will complete one of two complaints depending on your relationship to the person you need protection from: a Domestic Violence Protective Order under Chapter 50B, or a Civil No-Contact Order under Chapter 50C. In most cases a judge will hear your request the same day and can sign a temporary order that takes effect immediately.

Which Order Fits Your Situation

North Carolina uses two separate statutes, and the right one depends on who the other person is to you.

A Chapter 50B order is for people with a “personal relationship” to the abuser. That includes current or former spouses, people who live or have lived together, parents and children (including grandparents and grandchildren), people who share a child, current or former household members, and people in a dating relationship. To qualify, you need to show the person attempted or caused bodily injury, placed you or your family in fear of imminent serious harm, or committed a sexual offense.¹

One boundary to be aware of: the statutory language for cohabitants and dating partners still specifies “persons of the opposite sex.” The other categories — spouses, household members, relatives, people sharing a child — apply regardless of gender. If you are in a same-sex relationship that doesn’t fit those other categories, Chapter 50C is likely the better path.

A Chapter 50C order is for stalking or nonconsensual sexual conduct by someone you don’t have a personal relationship with: a coworker, a neighbor, an acquaintance, a stranger. For stalking, you must show the person followed or harassed you on more than one occasion, without legal reason, intending to cause fear for your safety or substantial emotional distress. For nonconsensual sexual conduct, a single incident is enough. You do not have to show physical injury for either.²³

What to Bring and What to Write

Before you head to the courthouse, gather identifying information about the other person: full legal name, physical description, and a current home or workplace address. The sheriff needs that address to deliver the papers.

The most important piece of your filing is the written narrative in the complaint. Judges decide whether to grant temporary protection based almost entirely on what you write, so specifics matter far more than length. Use exact dates, describe the actual words and actions, and explain why you fear for your safety. “He threatened me” is vague. “On March 14, he came to my apartment uninvited, pounded on the door, and said he would hurt me if I didn’t let him in” gives the judge something concrete.

For a 50B filing, the form is the Complaint and Motion for Domestic Violence Protective Order (AOC-CV-303). For a 50C filing, the clerk will provide the corresponding complaint and summons. Forms are available at the courthouse, and staff at the clerk’s office can point you to the right paperwork.

Filing at the Wake County Courthouse

Filings are accepted in Room 527 of the Wake County Courthouse, which houses the Civil Clerk of Court and the Domestic Violence Unit. The counter takes new filings on weekdays from 8:30 a.m. to 3:30 p.m., excluding state holidays.⁴

For a 50B order, Wake County also offers electronic filing through the state’s eCourts Guide & File system. E-filing lets you complete the paperwork online, but you still need to appear in person for the judge to hear your request.⁴

There is no cost. North Carolina law prohibits courts from charging filing fees, service fees, or court costs for protective order petitions under either Chapter 50B or Chapter 50C.⁵

Same-Day Ex Parte Hearing

After you submit paperwork, the clerk prepares your file for a judge, and the same day — typically in Courtroom 5A or 5B — a judge will hold an “ex parte” hearing. This is a short, private conversation between you and the judge, without the other person present, where you explain why you need immediate protection.⁶

If the judge finds enough evidence of danger, they sign a temporary ex parte protective order on the spot. It takes effect immediately and is enforceable by every law enforcement agency in North Carolina from the moment it is signed. You do not have to wait for the other person to be served before the order protects you.¹ Keep copies with you at all times.

Plan to spend several hours at the courthouse. Wait times depend on the day’s caseload, and you may be there through the afternoon.

Service and the Return Hearing Within 10 Days

Once the judge signs the temporary order, the Wake County Sheriff’s Office personally delivers the complaint and the ex parte order to the other person.⁴ A good address speeds this up; if the person is hard to find, service can take longer.

The court schedules a return hearing within 10 days of the temporary order, or within seven days of service on the other person, whichever is later.⁷ Both sides can present evidence and testimony. The judge then decides whether to issue a longer-term order or dismiss the case. If you don’t appear, the temporary order expires and you lose your protection.

What the Order Can Do

A full protective order can order the other person to stay away from your home, workplace, and school; prohibit contact by phone, text, social media, or through third parties; grant you temporary custody of children; and require the other person to leave a shared residence.

The court must also order the surrender of firearms, ammunition, and gun permits to the sheriff if the judge finds certain aggravating factors — the person used or threatened to use a deadly weapon, threatened to seriously injure or kill you or your child, threatened suicide, or inflicted serious injuries.¹ The firearms must be surrendered immediately upon service or within 24 hours at a location the sheriff specifies. Failing to surrender, or possessing or purchasing a firearm while the order is in effect, is a Class H felony. Federal law under 18 U.S.C. § 922(g)(8) adds a separate firearms prohibition that typically attaches after the return hearing, because the defendant must have had notice and a chance to be heard.⁸

If the Order Is Violated

Call 911 immediately. Law enforcement is required to enforce valid protective orders without any further court authorization, and a knowing violation of a valid order — including the ex parte order — is a Class A1 misdemeanor under North Carolina law, carrying potential jail time and fines.¹ Penalties rise to a Class H felony in several situations, including a third misdemeanor violation, approaching a protected person or place while armed with a deadly weapon, entering a domestic violence shelter where the protected person is residing, or committing a separate felony while knowingly violating the order (which bumps the underlying charge up one class). Don’t try to enforce the order yourself.

Renewing Before It Expires

A Chapter 50B order lasts for a fixed period set by the judge, up to one year. A Chapter 50C order also lasts up to one year.¹²

You can renew a 50B order by filing a motion with the court before it expires. The judge can renew for up to two years at a time on a showing of good cause, with no limit on the number of renewals. You do not have to show that new abuse occurred; a continued reasonable fear is enough. Temporary custody provisions, however, cannot extend beyond one year total.¹ A 50C order can also be renewed one or more times by filing a motion before the current order expires, and a new act by the respondent is not required.²

File the renewal motion before the current order expires. If it lapses, you have to start over with a new complaint. Don’t wait until the last week; give the court time to schedule a hearing while your existing order is still in effect.

Protecting Your Address and Getting Help

Filing creates court records, and some filers worry about their home address becoming accessible. North Carolina’s Address Confidentiality Program, run by the state Attorney General’s office, provides a substitute mailing address you can use on government records, voter registration, and your driver’s license. To qualify, you must be a survivor of domestic violence, sexual assault, stalking, or human trafficking, and you must have moved or be moving to a new address. Enrollment is free and handled through a domestic violence or sexual assault center that serves as your application assistant. The program forwards your first-class mail to your real address while keeping that address out of public records.⁹

You do not need an attorney to file. The process is designed so individuals can complete it on their own, and courthouse staff can direct you to the right forms. Legal help still makes a real difference at the return hearing, where the other person may appear with a lawyer. Legal Aid of North Carolina offers free clinics and workshops for domestic violence filings for those who qualify; information is at legalaidnc.org. The National Domestic Violence Hotline (1-800-799-7233) is available 24/7 and can connect you to local legal help, shelter referrals, and safety planning in the Raleigh area.

1
North Carolina General Assembly. North Carolina Code Chapter 50B – Domestic Violence
2
North Carolina General Assembly. North Carolina General Statute Chapter 50C – Civil No-Contact Orders
3
North Carolina General Assembly. North Carolina General Statutes – Chapter 50C – Civil No-Contact Orders
4
Wake County Government. Victim Services
5
North Carolina General Assembly. Session Law 2013-390
6
North Carolina Judicial Branch. How to Get a Protection Order
7
North Carolina General Assembly. North Carolina General Statutes 50B-2
8
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
9
North Carolina Department of Justice. Address Confidentiality Program