If you’re a victim of domestic violence seeking a domestic violence restraining order, the process can be long, tedious and intimidating. While Wake County provides instructions on how to complete this process, those who aren’t familiar with finding and filling out forms on the NC Courts Website might find the process confusing.
Although you can get the required documents by heading over to the Domestic Violence Office in the Wake County Courthouse, you can save yourself significant time by gathering information and filling it out in advance.
Key information you will need in completing the Domestic Violence Restraining Order filing under Chapter 50B:
- Name and Address of the Defendant
- Defendant’s work address and contact information
- Descriptive Information about the Defendant (Age, Height, Weight, Distinguishing Marks, Car make and model)
- Information Regarding Minor Children (DOB, Last 5 addresses)
There are several forms you will need to complete in filling, some of which are not available online. For our convenience, we’ve provided links to the required forms:
- Complaint and Motion for Domestic Violence Protective Order
- Notice of Hearing
- Ex Parte Domestic Violence Protective Order
- Civil Summons
- Identifying Information about Defendant
- Affidavit As To Status of the Minor Child (Temporary Child Custody Cases Only)
- Servicemembers Civil Relief Act Affidavit
Once you’ve printed these forms you will need to careful follow the instructions provided by Wake County in order to determine which boxes you must fill out and which ones to leave blank. After you’ve completed these forms, you must file them on the 5th floor in the Wake County Courthouse, preferably prior to 2:00pm.
After the documents are processed, if you’re seeking an emergency ex parte order of protection, you will be called into Court to make a statement under oath about the facts alleged in the complaint. If the Court finds that there is a danger of acts of domestic violence against you or your minor child, the court may enter an emergency ex parte order without notice to the defendant. The Court can enter a temporary custody order ex parte, prior to services and notice to the defendant if the child is exposed to a substantial risk of physical or emotional injury, or sexual abuse.
We proudly and vigorously represent clients who are victims of domestic violence. In many cases however, domestic violence victims are not able to afford an attorney to advocate for them. We hope that this article will assist victims in getting help and protecting themselves and their families from further harm, regardless of whether they are seeking representation.
We offer free consultations to victims of domestic violence. If you’re seeking legal assistance or have questions about how to proceed, contact our office today.
Domestic Violence Resources