To file for a domestic violence protective order in Wake County, you go to the Domestic Violence Unit of the Clerk of Court at the Wake County Courthouse, complete a complaint and motion form describing the abuse, and ask a judge for emergency relief. The forms are free, there are no court costs, and you do not need a lawyer to start the process. A judge can issue a temporary order the same day if you and any children are in immediate danger, and a full hearing on a longer order follows shortly after.
A North Carolina domestic violence protective order is often called a restraining order, or a “50B order,” after Chapter 50B of the North Carolina General Statutes, the law that governs it. The law is the same in every county in the state. What changes from county to county is where you file and the local court procedures you follow. Whether you are looking into how to file a restraining order in North Carolina generally or the specific steps in Wake County, this article covers both the statewide law and the local process.
What a domestic violence protective order does
A domestic violence protective order is a civil order signed by a district court judge that directs the abusing party to stop specific conduct. Under N.C. Gen. Stat. 50B-3, a judge can order a wide range of relief, including:
- Directing the defendant to stop the abuse and have no contact with you
- Ordering the defendant to stay away from your home, workplace, or your child’s school
- Granting you possession of the residence and removing the defendant from it
- Awarding temporary custody of minor children and establishing visitation terms
- Ordering temporary child support or spousal support
- Directing the defendant to surrender firearms
A 50B order is not a criminal charge. It is a civil remedy you request to protect yourself. That said, violating a domestic violence protective order is a crime in North Carolina, and law enforcement can arrest the defendant for doing so.
Who can file for a 50B order in North Carolina
North Carolina limits 50B orders to people who have a “personal relationship” with the person who harmed them. Under N.C. Gen. Stat. 50B-1, a personal relationship exists when the parties:
- Are current or former spouses
- Live together now or have lived together in the past
- Are related as parent and child, grandparent and grandchild, or are acting in place of a parent to a minor child
- Have a child together
- Are current or former household members
- Are in a dating relationship now or have been in one
For many years the statute limited the dating-relationship and cohabitant categories to people of the opposite sex. In M.E. v. T.J. (2020), the North Carolina Court of Appeals held that excluding same-sex dating partners was unconstitutional, and the dating-relationship category is now read to apply regardless of the sex of the parties.
If you do not have a personal relationship with the person harming you, for example a neighbor, a coworker, or a stranger, you cannot file under Chapter 50B. Instead, you may qualify for a civil no-contact order under Chapter 50C. The Clerk of Court can point you to the correct paperwork.
The law also defines what counts as domestic violence. Under N.C. Gen. Stat. 50B-1, domestic violence means one or more of the following acts committed by someone you have a personal relationship with: attempting to cause or intentionally causing bodily injury; placing you or a member of your family or household in fear of imminent serious bodily injury or continued harassment that rises to the level of substantial emotional distress; or committing a sexual offense against you. In practice, the conduct that supports an order can include physical assault, threats, stalking, and repeated telephone harassment or other contact that causes substantial emotional distress.
Where to file in Wake County
In Wake County, you file at the Domestic Violence Unit of the Civil Clerk of Court, located in Room 527 on the fifth floor of the Wake County Courthouse at 316 Fayetteville Street in downtown Raleigh. The clerk’s office accepts new filings on weekdays between 8:30 a.m. and 3:30 p.m., except on state holidays. There is no fee to file a 50B action, and the clerk provides the paperwork at no cost.
The clerk’s Domestic Violence Unit can be reached by phone at (919) 792-4110. Staff in Room 527 can give you the forms and explain where to turn them in, though they cannot give you legal advice about your case.
You can also begin a 50B filing electronically through North Carolina’s eCourts Guide & File system. Electronic filing can help you prepare the paperwork before you arrive, but you still need to appear in person for a judge to consider your request for an order.
If you would prefer to file outside the courthouse, InterAct of Wake County offers walk-in assistance with electronic filing at its office on Oberlin Road in Raleigh, where a trained advocate can guide you through the process in a confidential setting. InterAct also operates a 24-hour crisis line for domestic violence survivors. The Wake County Sheriff’s Office Victim Services unit can connect survivors with victim assistance and safety planning as well.
The forms you will need
The Clerk of Court provides all the paperwork at the courthouse, so you do not have to track anything down in advance. That said, gathering your information ahead of time makes the process faster. The forms are published by the North Carolina Judicial Branch. You complete some of them, and the court issues others, such as the orders a judge signs.
Before you start, it helps to have:
- The defendant’s full name and address
- The defendant’s work address and contact information
- A physical description of the defendant, including age, height, weight, distinguishing marks, and vehicle make and model
- Information about any minor children, including dates of birth and recent addresses
The main forms used in a Wake County 50B case are below. The first page also includes the official Instructions for Domestic Violence Forms.
| Form | Form Number | Who Completes It |
|---|---|---|
| Complaint and Motion for Domestic Violence Protective Order | AOC-CV-303 | The person seeking the order |
| Civil Summons, Domestic Violence | AOC-CV-317 | Issued by the clerk, served on the defendant |
| Ex Parte Domestic Violence Order of Protection | AOC-CV-304 | The judge, at the ex parte hearing |
| Notice of Hearing on Domestic Violence Protective Order | AOC-CV-305 | The court, to set the full hearing |
| Domestic Violence Order of Protection | AOC-CV-306 | The judge, after the full hearing |
| Affidavit as to Status of Minor Child | AOC-CV-609 | You, in cases involving children |
| Servicemembers Civil Relief Act Declaration | AOC-G-250 | You, regarding the defendant’s military status |
You can find these and every related document on the North Carolina Judicial Branch domestic violence forms page.
The filing process step by step
The 50B process in Wake County generally moves through three stages.
Step one: complete the complaint and motion
You fill out a complaint and motion for a domestic violence protective order. The form asks you to identify the person who harmed you, describe your relationship, and explain in your own words what happened and when. Specific facts matter here. Dates, locations, injuries, threats, and any prior incidents help the judge understand the danger you face. You file the completed paperwork with the Clerk of Court in Room 527.
Step two: the ex parte hearing and temporary order
After you file, a judge holds what is called an ex parte hearing. “Ex parte” means the other party is not present. This is usually a brief conversation between you and the judge based on what you wrote in your complaint. If the judge finds that you or your child face a serious and immediate danger, the judge can sign an ex parte temporary protective order that same day. This temporary order, sometimes called an emergency protective order, protects you right away.
If the judge does not enter an ex parte order on the day you file, North Carolina law requires the court to hear your request for emergency relief within 72 hours, or by the end of the next day the court is in session in that county, whichever comes first.
An ex parte order takes effect once the defendant is served and protects you until your full hearing.
Step three: the full hearing and final order
A temporary order is just that, temporary. The court schedules a full hearing, generally within 10 days of the ex parte order or within seven days of the date the defendant is served, whichever is later. At this hearing, both you and the defendant have the chance to appear, present evidence, and call witnesses. The defendant has the right to respond to your allegations.
If the judge finds that domestic violence occurred, the judge enters a final domestic violence protective order. A final 50B order can last up to one year. Before it expires, you can ask the court to renew it for up to two additional years. Custody provisions in the order are handled separately and do not automatically renew with the rest of the order.
Service and firearm surrender
A protective order does not take effect against the defendant until the defendant is served with it. In Wake County, the Sheriff’s Office handles service. The order is entered into a statewide registry that law enforcement can access, which helps officers respond if a violation occurs.
North Carolina law treats firearms seriously in domestic violence cases. Under N.C. Gen. Stat. 50B-3.1, when a judge includes a firearm provision and the order is served, the defendant must immediately surrender to the sheriff all firearms, ammunition, and any permits to purchase or carry concealed firearms in the defendant’s possession or control. If the weapons cannot be surrendered at the moment of service, the defendant has 24 hours to turn them over to the sheriff at a designated time and place. Possessing a firearm while a qualifying protective order is in effect can carry criminal consequences.
When professional help matters
You are allowed to file a 50B action on your own, and many people do. The forms are designed to be accessible, and court staff and advocates can help you complete them. For an emergency, do not wait for a lawyer before seeking protection. If you are in immediate danger, call 911.
That said, several situations make legal representation worth considering. If the defendant has hired an attorney, you may face cross-examination and evidentiary arguments at the full hearing. If your case involves custody of children, support, or possession of a shared home, the protective order intersects with broader family law issues that benefit from coordinated handling. If you expect the defendant to dispute your account, an attorney can help you organize evidence, prepare testimony, and present your case clearly to the judge.
The reverse is also true. If you have been served with a 50B complaint and disagree with the allegations, a final order can affect your housing, your contact with your children, your firearms, and in some cases your employment. Responding effectively at the hearing matters.
Batch, Poore & Williams, PLLC handles domestic violence protective order matters throughout Wake County and the surrounding Triangle region, including Durham, Johnston, Chatham, and Harnett counties. The firm assigns a partner, associate, and paralegal to every case from day one, so clients work with experienced counsel rather than rotating staff. Because the firm practices family law exclusively, it can address a protective order alongside the custody, support, and property questions that often arise at the same time.
Frequently asked questions
How much does it cost to file a 50B order in Wake County?
Filing a domestic violence protective order under Chapter 50B is free. There are no court costs, and the Clerk of Court provides the forms at no charge. If you hire an attorney to represent you, you would pay for that representation, but the filing itself costs nothing.
Do I need a lawyer to get a domestic violence protective order?
No. North Carolina law allows you to file and represent yourself in a 50B action. Court staff and advocates such as those at InterAct of Wake County can help you complete the paperwork. A lawyer becomes more valuable when the other party is represented, when custody or support is involved, or when you expect the allegations to be contested at the full hearing.
How long does a domestic violence protective order last in North Carolina?
A temporary ex parte order protects you until your full hearing, which is generally held within 10 days of the order or seven days after the defendant is served, whichever is later. A final domestic violence protective order can last up to one year. You can ask the court to renew it for up to two more years, but you must file the renewal request before the current order expires.
What is the difference between a 50B order and a 50C order?
A 50B order is available only when you have a personal relationship with the person who harmed you, such as a spouse, former partner, family member, or someone you live with or have dated. A 50C civil no-contact order is for situations involving someone you do not have that kind of relationship with, such as a stranger, neighbor, or coworker. The two orders have different requirements and forms, and the Clerk of Court can direct you to the right one.
What happens if the abuser violates the order?
Violating a domestic violence protective order is a crime in North Carolina. If the defendant contacts you or otherwise breaks the terms of the order, you can call law enforcement, and the defendant can be arrested. A judge can also hold a violator in contempt of court, which carries its own penalties. Keep a copy of your order with you and document any violations, including dates, times, and what occurred.
Talk with a Wake County family law attorney
If you are seeking a restraining order in Wake County, or you have been served with one, Batch, Poore & Williams, PLLC can help you understand your options and prepare for your hearing. From its Raleigh office, the firm represents clients in protective order matters and related family law issues across Wake County and the Triangle.
Call Batch, Poore & Williams, PLLC at (919) 870-0466 to schedule a consultation, or visit our office at 5540 Centerview Drive, Suite 315, Raleigh, NC 27606.
If you are in immediate danger, call 911. For confidential support at any hour, InterAct of Wake County operates a 24-hour crisis line.
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