Protective Orders in North Carolina

Who qualifies: the personal relationship requirement

Under G.S. 50B-1, domestic violence means attempting or causing bodily injury. It also means placing someone in fear of imminent serious bodily injury. Or it means causing substantial emotional distress through continued harassment, or committing certain sexual offenses. This must come from someone who has a personal relationship with the aggrieved party.

Personal relationship covers current or former spouses, and opposite-sex persons who live together or lived together. It also covers parents and children, and grandparents and grandchildren. It covers people who have a child together, current or former household members, and opposite-sex persons in a current or former dating relationship. An aggrieved party cannot obtain an order against a child or grandchild under age 16.

Filing, cost, and ex parte relief

Under G.S. 50B-2, any North Carolina resident can file a civil action in the district court division. This also applies to someone seeking relief for acts that happened in the state. Instead, a person can file a motion in an existing Chapter 50 family law case, and can proceed without a lawyer. No court costs or attorney's fees are charged for filing, issuing, registering, or serving a protective order. This follows the federal Violence Against Women Act. If the court finds specific facts showing a danger of domestic violence before the hearing, it can enter an ex parte order the same day.

The 10-day hearing rule

Once an ex parte order is issued, G.S. 50B-2(c)(5) sets the hearing deadline. It must happen within 10 days of the order, or within 7 days of service on the other party, whichever is later. A continuance is limited to one extension of no more than 10 days, unless both parties agree or the court finds good cause. The hearing gets priority on the court calendar.

If someone represents themselves and asks for ex parte relief, the clerk must schedule that ex parte hearing fast. It must happen within 72 hours, or by the next day district court is in session in that county, whichever comes first.

Firearms

North Carolina has a detailed mandatory surrender statute at G.S. 50B-3.1. When the court issues an ex parte or emergency order, it must order the defendant to surrender all firearms, ammunition, and firearm permits to the sheriff. This applies if the court finds certain risk factors. These include use or threatened use of a deadly weapon, threats to seriously injure or kill, threats of suicide, or serious injuries already inflicted.

At both the ex parte hearing and the later 10-day hearing, the court must ask about the defendant's access to firearms. It records identifying details in the order. Separately, under G.S. 50B-3, a final order can prohibit a party from purchasing a firearm for a fixed period.

Custody and visitation

At a noticed hearing, either party can ask the court to award temporary custody and set temporary visitation. The court must base that decision on the best interest of the child, with particular weight on safety. It specifically considers whether the child faced a substantial risk of injury or abuse. It also weighs whether the child witnessed domestic violence, whether a weapon was used or threatened, and whether a party caused or threatened serious bodily injury. A temporary custody order can be entered ex parte, before service on the other party. This happens only if the court finds the child faces a substantial risk of physical or emotional injury or sexual abuse.