North Carolina Temporary Restraining Order Laws
Created by FindLaw's team of legal writers and editors | Last updated June 20, 2016
Note: Any person in a dangerous and/or emergency situation requiring immediate intervention should call 911 for assistance.
Victims of domestic violence can apply for a civil restraining order to seek relief from an abuser.
In North Carolina, an abused person can seek a temporary civil restraining order as part of a family law case. Here, you are not asking the court to send the abuser to jail for committing a crime. However, if the abuser violates the civil court order, he or she may be sent to jail for the violation.
You can also request an order in a civil case. Here, you are the person bringing the case against the abuser and (in most circumstances), you have the right to withdraw (drop) the case if you want to.
Domestic Relationship DVPO
In North Carolina, it's known as a Domestic Violence Protective Order or (DVPO). Its a civil order that provides protection from harm by a family member, household member, someone you have a child in common with, or someone you have dated or are dating.
Both male and female victims can apply. This order prohibits the offender from having contact with the victim for a specified period of time. If a person is found to violate a restraining or protective order, he or she could he or she can be jailed and charged with a separate crime including aggravated stalking.
How to Obtain a DVPO
Victims can get paperwork from the clerk's office or from a domestic violence program where someone can assist them with completing the paperwork. There isn't a filing fee for the protective order.
The following table highlights the main provisions of the North Carolina's temporary restraining order laws. See Family Law ,Harassment, and Filing a Domestic Violence Lawsuit for more information.
| Types of Orders | Civil Restraining Order known as a Domestic Violence Protective Order (DVPO) |
| Relationship Requirement | You may be eligible to file a domestic relationship DVPO against:
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| What Can a DVPO Do? |
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| Length of a DVPO | Up to 1 year and can be renewed multiple times for "good cause" |
| How to Apply | File a petition at the clerk's office |
| Penalty for Violations |
|
Resources
- North Carolina Police Departments
- North Carolina Attorney General
- National Domestic Violence Hotline 1 (800) 799-SAFE (7233)
Because temporary restraining order laws can sometimes get complicated, it may also be a good idea to consult an experienced North Carolina domestic violence or family law attorney if you have questions about your specific situation.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.