Protective Orders
G.S. 50B-3 — up to one year, renewable, and no filing costs
In North Carolina, domestic violence is attempting to cause or intentionally causing bodily injury, placing someone or their household in fear of imminent serious bodily injury or continued harassment that inflicts substantial emotional distress, or a sexual offense, committed against a person, or a child living with them, by someone with whom they have or had a personal relationship. Self defense is not included.
A personal relationship includes current or former spouses, parents and children and grandparents and grandchildren, people with a child in common, current or former household members, and people in a current or past dating relationship as the section defines it, among the others it lists.
No costs to file, and a hearing within 10 days of an emergency order. The person may file without a lawyer, and no court costs or attorneys' fees are charged for filing, issuing or serving a protective order. When the danger is clear, the court may enter an ex parte order before a hearing; the hearing is then held within 10 days of that order or within seven days of service on the other party, whichever is later.
- Ordering the defendant to stop the violence, threats, abuse, following and harassment.
- Possession of the home, or eviction of the other party from it.
- Temporary custody and visitation, and child or spousal support.
- Possession of personal property, including pets.
- A bar on buying a firearm for a set time, and an abuser treatment program.
A protective order lasts a fixed period of no more than one year, and the court may renew it for up to two years at a time on a motion filed before it expires.
Sources for this section (3)
- G.S. 50B-1 — Domestic violence defined
- G.S. 50B-2 — Institution of civil action; emergency relief
- G.S. 50B-3 — Relief
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed North Carolina attorney.