Chapter 50B protective orders, start to finish

Filing for an ex parte order

Someone who believes they are in immediate danger may go to the clerk of court and file a complaint asking for a Domestic Violence Protective Order. If a judge finds there is a danger of serious and immediate injury, they may enter an ex parte order the same day, without the other person present. This order is temporary and typically lasts about ten days.

The full hearing

North Carolina law requires a full hearing be held within that ten-day window, with both sides given notice and the chance to appear. The other person, called the defendant, must be personally served with the complaint and a notice of the hearing date before it can go forward. If they cannot be located and served in time, the ex parte order is generally extended and the hearing rescheduled.

At the full hearing, both sides may testify, present evidence, and call witnesses. A judge — not a magistrate — decides whether to grant a one-year protective order.

What a one-year order can include

If granted, a protective order can, among other things:

• Order the defendant not to contact or come near the person protected
• Grant temporary custody of minor children
• Order the defendant to leave a shared residence
• Address temporary possession of personal property, such as a vehicle

Violating the order

Knowingly violating a valid protective order is a criminal offense in North Carolina, separate from whatever conduct led to the order in the first place. Contact your local law enforcement immediately if an order is violated; keep a copy of the order with you.

Renewing or modifying an order

Either side may ask the court to modify an order's terms during its one-year term. The protected person may also ask the court to extend the order before it expires; a hearing is held on that request as well.