6 Step Guide to Filing a Restraining Order in North Carolina
If you’re scared, uncertain, or wondering what steps actually protect you, knowing how to file a restraining order in NC can give you immediate, enforceable tools to regain safety and control.
Join our civil litigation attorneys in Cary and Wake Forest as they guide you through the process for securing a proactive order in the state of North Carolina. From understanding the type of restraining order you need to the necessary steps to secure a legally binding protective order, the team at The Doyle Law Offices is here to assist you so you can reclaim your safety, protect your family, and move forward with confidence.
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How to File a Restraining Order in NC: A Step-By-Step Guide
If you’re feeling scared or overwhelmed, this step-by-step section will walk you through the NC restraining-order process so you can take action with confidence. If you are in immediate danger, call 911 or your local police right now; you can also contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or text START to 88788 for confidential help.
If it’s not an emergency, follow the steps below or contact The Doyle Law Offices for assistance with paperwork, hearings, and safety planning. These steps will help you learn how to file a restraining order in NC.
1. Go to the Courthouse, Magistrate’s Office, or Clerk of Civil Court
Go to the magistrate or clerk of civil court in the county where you live (Wake County residents should go to the Wake County Courthouse). Tell staff you want to file a Domestic Violence Protective Order (DVPO) or a Civil No-Contact Order (50C). They will provide the complaint, summons, and other required paperwork and explain local filing hours.
Bring: ID, proof of address, and any basic information about the defendant (name, address, employer) if you have it.
2. Fill Out the Complaint Form Carefully
Describe the most recent incidents in simple, concrete language (who, what, when, where). Note if there were threats, firearms or other weapons used as threat, nonconsensual sexual conduct, stalking, or children involved. Do not sign the complaint until you are in front of a clerk, notary, or magistrate—the court must witness your signature.
Tip: A short timeline of events (dates and one-sentence descriptions) makes your account easier to read.
3. Ask for an Ex Parte Temporary Protective Order
Filing a restraining order in NC does not require an ex parte order, but it can if the situation is urgent. If you face an urgent threat, ask the magistrate for an ex parte order. It can take effect the same day, without the defendant present, and usually remains in place until the full hearing (commonly about 10 days). Keep copies of any ex parte order on your person and provide copies to your child’s school and employer if needed.
4. Provide Information for Service
The county sheriff’s office typically serves the defendant with the complaint, summons, and any temporary order. Give the sheriff as many identifying details as you can (address, driver’s license number, physical description, employer). If the sheriff can’t find the defendant, the court may reschedule the hearing.
5. Prepare for and Attend the Hearing
At the civil court hearing, a judge will hear evidence and decide whether to grant a DVPO, 50C, or other protective relief. Bring copies of supporting evidence, including police reports, photos, medical records, texts or emails, witness contact info, and your written timeline. If you do not attend the hearing, an ex parte order may expire. If the defendant doesn’t attend, the judge may still proceed or reschedule.
Expect:
- Timeline: Ex parte orders take effect immediately; the full hearing is generally scheduled within about 10 days.
- Burden of proof: You must show by evidence that domestic violence, stalking, or sexual abuse occurred and that protection is necessary.
- Judge’s options if granted: Stay-away distance, no contact, temporary child custody or child support arrangements, surrender of firearms, counseling requirements, and attorney’s fees in some cases.
- If the defendant does not appear: The judge may proceed or reschedule; an ex parte order will expire if you do not attend.
6. File an Extension or Renewal as Needed
If the court grants a protective order, it commonly lasts up to one year. You may ask the court to renew or extend the order before it expires—gather updated evidence and consider having an attorney assist with renewal.
Additional Safety Tips and Support
- Bring a trusted friend for support and to wait with you.
- Keep copies of all paperwork in a safe place and give copies to your child’s school or employer if appropriate.
- If available, contact the county Domestic Violence Unit or local victim-services for safety planning and referrals.
- Consider speaking with atrusted attorney to help with paperwork, evidence, or court representation.
Understanding the Types of North Carolina Restraining Orders
Understanding the different types of restraining orders in North Carolina makes it easier to choose the right protection for your situation. Let's take a look at what your filing options, what each type of protective order can do, and how each is enforced—so you can find the option that fits your circumstances.
Domestic Violence Protective Order (DVPO)
A DVPO is the primary civil protective order when the alleged perpetrator has a qualifying personal relationship with the victim.
A judge can order no-contact and stay-away provisions, temporary custody or child support, surrender of firearms, counseling, and other relief. DVPOs are typically enforceable by police, and if granted they commonly last up to one year with the option to seek renewal. Filing usually happens at the magistrate’s office or clerk of civil court, and police reports, photos, or messages strengthen your case.
You Can File a DVPO If the Defendant Is:
- Your spouse or ex-spouse following divorce or separation
- A person who currently or previously lived in the same household
- A person with whom you share a child
- A current or former dating partner
- A parent, child, grandparent, or grandchild
Civil No-Contact Order (50C)
A 50C is available to victims of sexual assault, stalking, or other nonconsensual sexual conduct when there is no qualifying personal relationship for a DVPO.
The filing and emergency (ex parte) procedures are similar to a DVPO, but criminal arrest for violations is less automatic; enforcement often proceeds through contempt. A 50C still provides court-ordered no-contact protections, so documenting incidents and bringing evidence is important. Talk with an experienced attorney to decide which order fits your circumstances.
Common Types of Defendants for Filing a 50C Protective Order:
- Stranger (someone you do not know)
- Acquaintance (a brief or casual contact)
- Neighbor
- Coworker or supervisor
- Classmate or schoolmate
- Online contact (dating app or social media contact)
- Client, customer, or patient
- Landlord or property manager
- Service provider (contractor, repair person, rideshare driver)
- Babysitter or childcare provider
- Bar/club patron or other public-place individual
Ex Parte (Temporary) Protective Order
An ex parte order is a short-term emergency order a judge may issue immediately when the petitioner shows urgent danger and the respondent is not present.
These orders provide quick protections (no contact, stay-away distance, temporary custody requests) while the court schedules a full hearing. Ex parte orders usually remain in effect only until the hearing (commonly about 10 days), so attending the hearing is essential to seek longer-term relief. Keep copies of any ex parte order with your employer, school, or childcare provider.
Common Scenarios for Ex Parte Orders:
- Recent physical assault
- Credible threats with a weapon
- Ongoing stalking or harassment escalation
- Sexual assault or nonconsensual sexual conduct
- Immediate risk to children
- Imminent risk of property destruction or retaliation
- Domestic situation where parties share a home
- Violation of an existing order
- Credible plan or statement to cause harm
- Victim is vulnerable and lacks time to wait
Criminal No-Contact Protective Orders
When criminal charges (assault, stalking, sexual assault, etc.) are filed, prosecutors or judges may obtain no-contact or protective orders tied to the criminal case. These orders are enforced through the criminal system and can lead to arrest or other criminal sanctions if violated.
Criminal protective orders may remain in effect for the duration of the case and sometimes longer depending on sentencing. If both civil and criminal matters exist, coordinate with counsel so orders and enforcement work together.
Magistrate or Law-Enforcement Emergency Orders
In urgent, on-scene situations a law-enforcement officer or magistrate may issue a brief emergency protection to separate parties until formal paperwork is filed. These emergency orders are temporary and intended to preserve immediate safety while you pursue a DVPO or 50C.
Always follow up by filing the formal complaint at the clerk’s office to obtain lasting court protection. Contact your local Domestic Violence Unit or victim services for help after an emergency order is issued.
Out-of-State and Foreign Protective Orders
If you have a valid protective order from another state, bring certified copies to local law enforcement and the clerk’s office because many out-of-state orders can be enforced in North Carolina. Procedures for registration or enforcement vary by jurisdiction, and an attorney can help confirm local enforceability.
If threats continue despite an out-of-state order, consider filing a local DVPO or 50C for added protection.
Get Legal Support for Your Restraining Order Today
The Doyle Law Offices, P.A. has helped clients in Cary, Wake Forest, and the greater Raleigh area navigate DVPOs, 50C orders, and related proceedings. Don’t face this situation alone—have an attorney on your side who will handle the paperwork, prepare your evidence, represent you at hearings, and coordinate with law enforcement to help enforce your protective order.
Contact us today by calling (984) 235-1067 or filling out the form below to get started. We'll walk you through the process step-by-step so you don't have to do anything alone. From educating you on how to file a restraining order to guiding you every step of the way, The Doyle Law Offices is here to help.
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