By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 16, 2023
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Protective orders, or "restraining orders," protect victims of abuse or stalking by requiring perpetrators to stay a certain distance away for a specified period of time. They are primarily used by victims of domestic violence. North Carolina protective order laws allow for a one-year period and may be renewed for an additional year, and violation of the terms of a protective order is penalized as a Class A1 misdemeanor.
This article provides a brief overview of protective orders in the state of North Carolina.
Learn about North Carolina's protective order laws below. See Details on State Protective Order Laws for more details.
Code Section |
§ 50B-1 et seq. of the North Carolina General Statutes |
|---|---|
Activity Addressed by Order |
Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support, counseling; prohibit the purchase of a firearm; court costs and attorney fees |
Duration of Order |
One year; may be renewed for an additional year |
Penalty for a Violation of Order |
Class A1 misdemeanor |
Who May Apply for Order |
Any aggrieved party; a minor may be represented by a person who resides with or has custody |
Can Fees Be Waived? |
Yes |
Order Transmission to Law Enforcement |
Copy to the police department of the city of the victim's residence or sheriff of the county police department where the victim resides |
Civil Liability for Violation of Order |
Yes, contempt of court |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If someone is hurting or threatening to hurt you, there are resources available for you when you're ready. Contact the National Domestic Violence Hotline for 24/7/365 support at 800-799-7233. If you've been abused or fear someone may abuse you in the near future, you may want to get a protective order.
Please contact a North Carolina domestic violence attorney for help.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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