Who Can Get a Domestic Violence Protective Order? 

North Carolina law spells out very specifically the relationships between parties that make one eligible to apply for a domestic violence protective order and the types of actions that can serve as grounds for a protective order. 

 

Relationship Between the Parties

To qualify for a domestic violence protective order, the person applying for the order must be or have been in one of the following relationships with the person they seek protection from: 

 

• Spouse or former spouse

• Person of the opposite sex they live with or have lived with

• Parent, child, grandparent, grandchild, or acting in loco parentis

• Co-parent of the other party’s child

• A person of the opposite sex in a current or past dating relationship

 

If the parties do not fall into one of these categories, the person who has been harmed or threatened may qualify for a civil no-contact order. 

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What Actions May Warrant a Protective Order? 

The domestic violence protective order statute allows for entry of a protective order based on one or more of the following acts (assuming the acts were not committed in self defense): 

 

• Intentionally causing bodily injury

• Attempting to cause bodily injury

• Placing the petitioner or a member of their family/household in fear of: 

  • Imminent bodily harm, or

  • Continued harassment sufficient to cause substantial emotional distress

• Forcible rape

• Statutory rape

• Forcible sexual offense

• Statutory sexual offense 

• Sexual activity by a substitute parent or custodian

• Sexual activity with a student

• Sexual battery

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How Do You Get a Domestic Violence Protective Order? 

There are two ways to start the process: filing an action for a protective order or filing a motion for a protective order in a related pending case. The other party must be served with the complaint or motion and offered an opportunity to respond. However, depending on the circumstances, the court may immediately enter a temporary protective order. This is called an ex parte order, because it is entered based on what one party tells the judge, before the other party has a chance to tell their side. 

 

If the petitioner requests emergency relief and the court doesn’t enter an ex parte order, the hearing must be scheduled quickly. Determination of the hearing date is a bit complicated, as it involves consideration of both when the other party is served with the petition and when they receive notice of the hearing. Your protective order attorney will be able to explain this in more detail and ensure that your hearing is set as quickly as possible. 

 

If an ex parte order is entered, a hearing will be scheduled within 10 days of entry of the order or seven days of service of process, whichever is later. 

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Protective Order Hearings

At the hearing, the burden will be on the person requesting the protective order to demonstrate that the order is warranted under North Carolina law. Often, people who seek protective orders on their own don’t understand what type of evidence is required to demonstrate that the other party has committed one of the specifically-listed actions that supports a domestic violence protective order. An experienced attorney can help build a case based on the factors the court will consider and appropriate documentation.

 

If someone has petitioned for a protective order against you, the burden of proof is on the other party. But, that doesn’t mean you can afford to wait and see what happens. If you don’t show up for the hearing or aren’t prepared to effectively argue against the protective order, you may miss your chance to defend yourself. 

 

Whether you’re pursuing a protective order or have been served notice that someone has petitioned for a protective order against you, your best next step is to talk with an attorney experienced in this arena.