Introduction
If you or someone you know is experiencing domestic violence in North Carolina, the court system provides a legal tool known as a protective order to help ensure safety and limit contact with the alleged abuser. Also known as a DVPO (Domestic Violence Protective Order), this legal order can offer immediate and long-term relief in situations involving abuse or threats of harm.
Whether you’re seeking protection or responding to an accusation, understanding how protective orders work is essential. In this blog, we break down who can request a DVPO in North Carolina, what protections it provides, and what happens if it’s violated.
What Is a Domestic Violence Protective Order (DVPO)?
A DVPO is a civil court order issued to protect victims of domestic violence from further harm. It restricts the accused abuser (called the “defendant”) from making contact with the victim and, in many cases, imposes restrictions on housing, communication, and even child custody.
The order can be temporary (ex parte) or long-term (after a full court hearing).
Who Can File for a Protective Order in NC?
Under North Carolina General Statutes § 50B, a person may file for a protective order if they have a “personal relationship” with the accused, such as:
- Spouse or former spouse
- Someone you live with or used to live with
- Someone you dated or had a romantic relationship with
- Parent, child, or grandparent
- Someone with whom you share a child
A DVPO can be filed by the victim or on behalf of a minor child or incapacitated adult.
What Is Considered Domestic Violence in NC?
The law defines domestic violence to include:
- Attempting or causing bodily injury
- Placing the victim in fear of imminent serious bodily injury
- Continued harassment or stalking that inflicts substantial emotional distress
- Sexual assault
Even threats that don’t result in physical harm may be enough to qualify for protection.
Types of Protective Orders in North Carolina
1. Ex Parte Emergency Order
An ex parte DVPO is a temporary protective order issued without the defendant present. The court grants it based on the victim’s sworn statement and immediate risk of harm.
Key facts:
- Can be issued the same day you file
- Lasts until the full hearing (usually 7 to 10 days)
- Can remove the abuser from a shared home
- Can grant temporary custody of children
Victims should be prepared to explain why they are in immediate danger.
More information: North Carolina Judicial Branch – DVPO Forms & Process
2. Final Domestic Violence Protective Order (50B Order)
This longer-term DVPO is issued after a full hearing, where both sides may present evidence.
- Typically lasts one year, but can be extended
- May prohibit any contact, assign custody, restrict firearm possession, and more
- Violating the order is a criminal offense
A judge will issue the final order if they find that domestic violence occurred.
What Protections Does a DVPO Provide?
A DVPO can include the following protections:
- No contact with the victim (in person, by phone, text, email, or social media)
- Removal from a shared residence
- Temporary custody of children
- Prohibition on firearm ownership or possession
- Mandatory counseling or treatment for the abuser
- Orders to pay temporary child or spousal support
These orders are enforced by law enforcement and taken very seriously in the court system.
How Do You File for a Protective Order?
Step-by-Step Process:
- Visit Your Local Courthouse
- Ask for Form AOC-CV-303 (Complaint and Motion for DVPO)
- Fill Out the Paperwork
- Provide detailed information about recent abuse or threats
- File with the Clerk of Court
- Appear Before a Judge for an Ex Parte Order
- Serve the Defendant
- Law enforcement delivers the paperwork to the accused
- Attend the Final Hearing
- Usually scheduled within 10 days
Legal aid may be available through organizations such as Legal Aid of North Carolina.
What Happens at the DVPO Hearing?
During the full court hearing:
- Both parties present evidence and witnesses
- The judge decides whether abuse occurred
- If granted, a one-year DVPO is issued
- Either party can later request to modify, renew, or terminate the order
Defendants should strongly consider hiring an attorney to defend their rights and present their case.
What Happens If a DVPO Is Violated?
Violating a DVPO is a criminal offense in North Carolina under G.S. 50B-4.1. Penalties may include:
- Arrest and jail time (up to 150 days for a first offense)
- Additional charges such as stalking or harassment
- Restrictions on child custody
- Permanent record of the violation
Even unintentional or minor contact, such as liking a social media post, may be interpreted as a violation. The safest option is to fully comply with the order and seek legal relief if needed.
How Does a DVPO Affect Child Custody?
The court can award temporary custody to the victim as part of the protective order. Visitation for the other parent may be:
- Denied entirely
- Supervised by a third party
- Limited to certain locations and times
Judges will always consider the best interests of the child, and a history of abuse weighs heavily against the accused parent.
Can a Protective Order Be Removed?
Yes. Either party may request to modify or terminate a DVPO by filing a motion. Reasons to lift the order may include:
- Reconciliation
- Lack of continued threat
- Changed circumstances
However, the final decision is up to the judge, and the safety of the protected party remains the top priority.
Do You Need a Lawyer?
While you are not required to have a lawyer, having legal representation can significantly affect the outcome of your case — whether you’re the petitioner or the respondent.
At Martine Law, we represent clients across domestic violence cases, including:
- Filing or defending against protective orders
- Contesting false allegations
- Fighting for fair custody terms
- Navigating complex family dynamics during litigation
You can contact us here to schedule a confidential consultation.
Final Thoughts
Protective orders in North Carolina are designed to prevent harm and provide immediate legal relief in domestic violence cases. Whether you’re seeking protection or defending your reputation, understanding the DVPO process can help you take the right steps and avoid serious consequences.
If you’re involved in a domestic violence case, don’t wait. Get legal support to protect your rights and your future.