How to Get a Restraining Order in North Carolina

A restraining order issued by a North Carolina court is intended to provide a spouse or domestic partner with protection from abuse. In North Carolina, restraining orders are a part of the state’s domestic violence law. Laws regarding restraining orders are found in Chapter 50B of the state’s general statutes.

The Raleigh, North Carolina family lawyers of Charles R. Ullman & Associates have experience and expertise with 50B restraining orders. We can explain when they should be sought and how they’re best used. And we can help you obtain one to keep you and your family safe. We’ve helped numerous Wake County residents, including clients seeking a restraining order in Raleigh or Cary.

What You Need to Know About Restraining Orders and Protective Orders

A restraining order is referred to as a protective order in North Carolina. It is also commonly referred to as a 50B order, an order of protection, a no contact order, or a DVPO (Domestic Violence Protective Order). Here is a copy of the DVPO Form.

In North Carolina, victims of abuse must share a personal relationship with their abuser to obtain a protective order. The term “personal relationship” is defined in the domestic violence statute and includes relationships such as spouses, parent and child, and persons who are dating.
Protective orders are filed with the clerk of court; there is no filing fee.

The orders can provide protection in several ways, including:

  • Granting possession of a residence
  • Granting temporary custody
  • Ordering eviction from a household
  • Ordering the abuser to refrain from certain actions
  • Ordering the abuser to remain a certain distance from the victim
  • Prohibiting the abuser from purchasing a firearm
  • Ordering the abuser to seek treatment

In North Carolina, courts may order protection for a fixed period of time no longer than one year. When a protective order expires, it may be renewed for up to two years if a good cause is shown for its renewal.

Violating a protective order is a crime in North Carolina. Persons who violate the terms of a protective order are guilty of a Class A1 misdemeanor punishable by up to 12 months in jail.

How to Get a Restraining Order

Please also read our Steps to Obtain a Restraining Order to learn about the process in detail.

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