If you’re feeling unsafe, harassed, or threatened by someone in your life, it’s important to know that you have legal protection available. In North Carolina, one of the most powerful tools to help protect your safety is a restraining order.

Whether you’re facing domestic violence, stalking, or ongoing harassment, this step-by-step guide explains how to get a restraining order and how the legal system can help keep you safe.

What Is a Restraining Order?

If someone is hurting, threatening, or harassing you, it’s important to know how to get a restraining order to help protect yourself. A restraining order (also called a protective order) is a legal paper from a judge that tells the other person to stay away from you and stop all contact.

In North Carolina, there are different types of restraining orders based on your situation. The most common one is called a Domestic Violence Protective Order or 50B order, which is used when the person bothering you is a spouse, ex, family member, or someone you had a relationship with.

Types of Restraining Orders in North Carolina

Understanding the different types of restraining orders helps ensure you file for the one that best fits your situation.

1. Domestic Violence Protective Order (DVPO or 50B Order)

One way to start how to get a restraining order in North Carolina is by filing a Domestic Violence Protective Order, also called a 50B Order.

This applies if you and the person are:

• Married or used to be
• Living together or used to live together
• Dating now or before
• Parents of the same child
• Family members (like siblings or parents)

You can ask for this order if they:

• Hurt you
• Threatened you
• Stalked you
• Broke your things
• Scared or emotionally abused you

This order helps protect you from further harm.

2. Civil No-Contact Order (50C Order)

This is for situations where no personal or domestic relationship exists. Common in cases involving:

• Stalking by a stranger or acquaintance
• Sexual harassment
• Repeated unwanted contact by someone not in a relationship with you

3. Workplace Violence Prevention Orders

Filed by employers to protect an employee from violence or threats at the workplace. This is less common but still available if needed.

Who Can File for a Restraining Order?

You are eligible to file if:

• You’re 18 or older (minors can file through a parent or guardian)
• You’re being abused, threatened, harassed, or stalked
• The other person lives in North Carolina or the abuse happened there

Even if you don’t live in the state full time, you may still qualify if the harassment or abuse occurred in North Carolina.

How to Get a Restraining Order in North Carolina (Step-by-Step)

If you’re wondering how to get a restraining order in North Carolina, here’s a simple step-by-step guide to help you through the process:

Step 1: Gather Your Evidence

Before going to court, collect anything that shows abuse, threats, or harassment. This can include:

• Texts, emails, or social media messages
• Voicemails or call logs
• Photos of injuries or damaged property
• Police reports
• Witness statements

You don’t need to have been physically hurt. Verbal threats, stalking, or emotional abuse can also be enough to ask the court for protection.

Step 2: Go to the Clerk of Court

To start the process of how to get a restraining order, go to the Clerk of Superior Court in your county (where you live or where the abuse happened). Ask for a protective order packet. You can also download the forms from the North Carolina Judicial Branch website.

Step 3: Fill Out the Forms

You’ll need to complete a few important forms, including:

• Complaint and Motion for Domestic Violence Protective Order (Form AOC-CV-303)
• Summons (Form AOC-CV-306)
• A written affidavit explaining what happened

Be clear and detailed when filling out your statement. Include specific dates, times, and examples of what the other person did. The more information you provide, the better the judge can understand your situation.

Step 4: File the Forms

Once you finish the paperwork, submit everything to the court clerk. Good news—there’s no fee to file for a restraining order in domestic violence cases.

If your case is urgent, the judge may issue a Temporary Ex Parte Order the same day. This gives you immediate protection until your full court hearing, usually held within 10 days.

Step 5: Attend the Court Hearing

This is your chance to speak directly to the judge and explain your side. The person you’re filing against (called the “respondent”) will also have a chance to speak or bring a lawyer.

What happens at the hearing:

• You’ll give your testimony and share any proof
• You can bring witnesses or documents
• The respondent may respond or deny the claims

If the judge agrees that you’re in danger, they’ll issue a Final Protective Order that can last up to one year. You can ask to renew it before it expires.

Step 6: Sheriff Delivers the Order

After the judge signs the order, the Sheriff’s Office will serve it to the respondent. You don’t need to do this yourself. The restraining order only becomes official once it’s been served.

Step 7: Follow the Order and Stay Safe

Your protective order may include rules like:

• No contact by phone, text, email, or social media
• Stay away from your home, work, or school
• Temporary child custody arrangements
• Give up any firearms

Keep a copy of your restraining order with you at all times. If the respondent breaks any of the rules, call 911 right away. Violating a protective order is a crime and can lead to arrest or jail time.

How Long Does a Restraining Order Last?

When learning how to get a restraining order, it’s also important to know how long the protection lasts.

• Temporary Restraining Order (Ex Parte Order): This offers quick protection and usually lasts up to 10 days, until your full court hearing.
• Final Restraining Order (50B or 50C): If the judge grants your request at the hearing, the final order can last up to 1 year.

If you still feel unsafe when the order is about to expire, you can ask the court to renew it for more time.

Can I Cancel or Change the Order?

Yes, but only a judge can cancel, change, or extend a restraining order. If you’ve already learned how to get a restraining order and later want to make changes, you’ll need to ask the court by filing a form.

There may be a court hearing where both you and the other person must attend. The judge will decide what happens next.

Do I Need a Lawyer?

You don’t need a lawyer to figure out how to get a restraining order. You can do it on your own.

But a lawyer can help if:

• The case is complicated
• The other person has a lawyer
• You have kids or shared property

If money is tight, you can try free legal aid in North Carolina.

Helpful Resources in North Carolina

• Legal Aid of NC: www.legalaidnc.org
• NC Courts Forms & Help: www.nccourts.gov
• Domestic Violence Hotline: 1-800-799-SAFE (7233)
• NC Coalition Against Domestic Violence: www.nccadv.org

These resources offer legal support, emergency housing, counseling, and more.

Take Action to Protect Yourself

Learning how to get a restraining order in North Carolina is an empowering first step toward safety and peace of mind. Whether you’re in an abusive relationship, being stalked, or feeling constantly threatened, the legal system offers real, immediate protection.

Don’t wait until things get worse. If you feel unsafe, take action today. Your life, your safety, and your peace of mind matter.

At Bennett D. Rainey, Attorney at Law, we understand how difficult and emotional these situations can be. Our experienced legal team is here to guide you through every step of the process—confidentially, compassionately, and with your safety as our top priority.

👉 Contact us today for a consultation and let us help you get the legal protection you deserve.