Protective Orders & Custody: Legal Protections for Domestic Violence in NC

Finding your way out of a domestic violence situation takes incredible courage. While the emotional toll can feel all-consuming, taking the time to know your legal rights is essential for moving forward and building a safer future.

If you’re facing domestic violence, you’re not alone. North Carolina offers legal protections to help you find safety and move forward, and this guide will walk you through the options you have available.

Getting Immediate Help

If you need help right away, your safety comes first. Support is available, whether you need a safe place, someone to talk to, or guidance on your next steps. You can find a roundup of trusted local resources and more advice in our blog on Understanding Domestic Violence and Finding Support.

If you are in immediate danger, call 911.

Warning Signs of an Abusive Relationship

Recognizing the signs of abuse is often the first step. Domestic abuse isn’t just physical. According to the National Domestic Violence Hotline, it’s any pattern of behavior used to gain power and control. Some of these red flags might look like:

• Extreme jealousy or possessiveness
• Cutting you off from your friends and family
• Controlling your money or preventing you from working
• Threats against you, your kids, or even your pets
• Constant put-downs or humiliation
• Destroying your personal property

If any of this sounds familiar, know that help is available and you have legal options.

Getting a Domestic Violence Protective Order (DVPO) in NC

One of the legal tools for victims is a Domestic Violence Protective Order (DVPO), sometimes called a “50B order” or restraining order. A DVPO is a civil court order meant to stop the violence and keep the abuser away from you.

To be eligible for a DVPO, you must have a “personal relationship” with the abuser. This can mean a current or ex-spouse, someone you live with or used to live with, or someone you have a child with.

How to File for a DVPO

The process starts when you file a “Complaint and Motion for Domestic Violence Protective Order” at your local clerk of court’s office. It’s free to file. In the paperwork, you’ll need to specifically describe the domestic violence you’ve experienced and explain the protection you need.

Right away, a judge might grant you an ex parte temporary protective order. This is a short-term order, usually for up to 10 days, that a judge can approve without the other person being present. It’s meant to give you immediate protection. An ex parte order can also grant you temporary possession of your home and temporary custody of your children.

Within 10 days, a full court hearing will be scheduled where both parties can present their case. If the judge agrees that domestic violence has occurred, a final DVPO can be issued for up to one year. This order can legally prohibit the abuser from contacting you or coming to your home or work. It can also provide temporary child custody and financial support.

Stalking and Harassment Protections

Domestic violence situations often include stalking and harassment, which have extended into the digital space through cyberstalking. Stalking is defined as repeatedly following or harassing someone with the goal of making them feel afraid or emotionally distressed.

If you’re being stalked or harassed, you may be able to get a Civil No-Contact Order (also known as a “50C order”). This is similar to a DVPO but is used when you don’t have a legally recognized “personal relationship” with the individual. It can order the person to stop all contact, whether it’s in person, through social media, texts, or emails. 

Note, however, that a Civil No-Contact Order is more limited than a DVPO. For example, a DVPO can require the abuser not have a gun in their possession, while a 50C cannot.

Protecting Your Children

When kids are part of a domestic violence situation, their safety is the top priority. If a child has been harmed or is in a risky environment, Child Protective Services (CPS) might get involved to make sure they are safe.

A DVPO hearing is often the first legal step in figuring out child custody for the long term. It’s important to start thinking about a stable, long-term plan for your children, away from the abusive environment. A family law attorney can help you see your options clearly and get ready for a formal child custody case.

Finding Support and Taking the Next Step

Leaving an abusive relationship is a process, not a one-time event. It is often the most dangerous time for a survivor. Here are a few resources that can help you get started:

• The National Domestic Violence Hotline: Call the National Domestic Violence Hotline at 1-800-799-7233, chat with a representative at www.thehotline.org, or text “START” to 88788.
• North Carolina Coalition Against Domestic Violence: Visit nccadv.org/get-help/ to find resources near you.
• Local domestic violence agencies: There are several organizations that offer shelter, counseling, and support groups in the Charlotte community. You can begin with www.safealliance.org or turningpointnc.org.
• Other resources: For more information on documenting abuse and creating a safety plan, turn to the resources in our guide to Understanding Domestic Violence and Finding Support.

At Dozier Miller Law Group, we truly understand how sensitive and urgent these matters are. Our attorneys are here to provide compassionate and firm legal support to help you get the protection you deserve. We can walk you through the process of obtaining a DVPO and represent you in court, making sure your voice is heard and your safety comes first.

If you are ready to look at your legal options, we are here to help you move forward. We will stand with you and offer the legal guidance needed to protect yourself and your family. Please reach out to our team to talk about how we can support you.