{"id":375489,"date":"2016-03-31T21:36:15","date_gmt":"2016-04-01T02:36:15","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/north-carolina-law\/north-carolina-temporary-restraining-order-laws.html"},"modified":"2016-06-20T23:00:00","modified_gmt":"2016-06-21T04:00:00","slug":"north-carolina-temporary-restraining-order-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/north-carolina-law\/north-carolina-temporary-restraining-order-laws.html","title":{"rendered":"North Carolina Temporary Restraining Order Laws"},"content":{"rendered":"\n
\n \n
\n

North Carolina Temporary Restraining Order Laws<\/h1>\n
\n
\n

Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Note: Any person in a dangerous and\/or emergency situation requiring immediate intervention should call 911 for assistance.<\/i><\/b><\/p>\r\n

Victims of domestic violence<\/a> can apply for a civil restraining order<\/a> to seek relief from an abuser.<\/p>\r\n

In North Carolina, an abused person can seek a temporary civil restraining order as part of a family law case<\/a>. 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.<\/p>\r\n

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.<\/p>\r\n

Domestic Relationship DVPO<\/h2>\r\n

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.<\/p>\r\n

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<\/a>.<\/p>\r\n

How to Obtain a DVPO<\/h2>\r\n

Victims can get paperwork from the clerk’s office<\/a> 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.<\/p>\r\n

The following table highlights the main provisions of the North Carolina’s temporary restraining order laws. See Family Law<\/a> ,Harassment<\/a>, and Filing a Domestic Violence Lawsuit<\/a> for more information.<\/p>\r\n\r\n
Types of Orders<\/b><\/td>\r\n

Civil Restraining Order known as a Domestic Violence Protective Order (DVPO)<\/p>\r\n<\/td>\r\n<\/tr>

Relationship Requirement<\/b><\/td>\r\n

You may be eligible to file a domestic relationship DVPO against:<\/p>\r\n

    \r\n
  • Current or former spouses<\/li>\r\n
  • Persons of opposite sex who live together or have lived together<\/li>\r\n
  • Persons related as parents and children or grandparents and grandchildren<\/li>\r\n
  • Persons who have a child in common<\/li>\r\n
  • Current or former household members (includes same-sex relationships if parties live or have
    \r\nlived together)<\/li>\r\n
  • Persons of opposite sex who are in a dating relationship.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
What Can a DVPO Do?<\/b><\/td>\r\n
    \r\n
  • Direct batterer to refrain from threatening, abusing, following, harassing, or otherwise
    \r\ninterfering with the victim<\/li>\r\n
  • Grant victim possession of the residence and exclude the batterer<\/li>\r\n
  • Order eviction of batterer from residence and assist victim in returning to it<\/li>\r\n
  • Temporary custody of minor children and establishment of visitation rights<\/li>\r\n
  • Order spousal support and\/or child support<\/li>\r\n
  • Provide for possession of personal property<\/li>\r\n
  • Prohibit batterer from purchasing a firearm<\/li>\r\n
  • Order completion of abuser treatment program<\/li>\r\n
  • Any additional prohibitions or requirements deemed necessary to protect victim<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Length of a DVPO<\/b><\/td>\r\n

Up to 1 year and can be renewed multiple times for "good cause"<\/p>\r\n<\/td>\r\n<\/tr>

How to Apply<\/b><\/td>\r\n

File a petition at the clerk’s office<\/p>\r\n<\/td>\r\n<\/tr>

Penalty for Violations<\/b><\/td>\r\n