Domestic Violence in North Carolina

How can I obtain a domestic violence protective order?

In North Carolina, an individual who is the victim of domestic violence, the victim of threatened domestic violence, or who is stalked or harassed to such a degree as to cause emotional distress, may file a complaint and motion for a domestic violence protective order.  You must have had or have a relationship with the person against whom you seek the protective order, such as being family members, current or former dating partners, individuals with a child in common, or spouses.  When the complaint and motion for domestic violence protective order is filed, the plaintiff has an opportunity to seek an ex parte temporary protective order, which will last approximately seven days, until a hearing is set to determine whether the protective order will be extended, typically for up to one year.  A domestic violence protective order is a civil action, although a violation of the order by the Defendant is a criminal offense.  In limited circumstances, the court has the authority to order temporary custody and temporary child support.  The court may grant possession of the residence or vehicles, in addition to a prohibition by the defendant not to assault, harass or contact the plaintiff and to remain away from the residence and workplace of the plaintiff.  A mutual restraining order will not be entered unless a lawsuit is filed by both parties and the court finds that both parties committed or threatened domestic violence or harassed or stalked the other.

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