How filing works (any case)
- Get the current form. Always download fresh from nccourts.gov/documents/forms — old versions get rejected. Search by the AOC number.
- Fill it out completely — in plain, specific, dated facts. "On March 14, 2026 at the Food Lion on Main St., he…" beats "he constantly harasses me." Unsworn conclusions persuade no one; specifics do.
- File it with the Clerk of Court in the right county, or electronically through the NC eFiling portal. Bring two extra copies: one for service, one for your records, both file-stamped.
- Serve the other side. Nothing counts until served. DVPO papers are served by the sheriff at no cost; ordinary civil papers are served by sheriff (fee) or certified mail per Rule 4. Motions in an existing case are served on the other party (or counsel) with a certificate of service.
- Calendar everything the moment it's filed — see deadlines & windows.
DVPO forms (Chapter 50B) — walkthrough
- AOC-CV-303 — Complaint & Motion for DVPO. The case-starter. How to fill: identify the § 50B-1(b) relationship; describe the most recent incident and the worst incidents with dates, places, and exact acts/words; complete the firearms questions carefully (they drive § 50B-3.1 surrender); check only the relief you actually want. It's sworn — accuracy is everything, and exaggeration is impeachment material later.Get form ↗
- AOC-CV-304 / AOC-CV-306 — Ex Parte Order / DVPO. The orders the judge enters (you don't fill these, but read every box of any order against you — the boxes checked are the law of your life for the next year).Get form ↗
- Answering a 50B complaint (respondent). There's no AOC answer form — a written answer is a short numbered response admitting/denying each paragraph, filed with the clerk within 10 days of service and served on the plaintiff. Even a simple general denial preserves your footing; then prepare for the 10-day hearing (see respond guide and evidence).10 days
- AOC-CV-313 — Motion to Renew / Modify / Set Aside DVPO + Notice of Hearing. Three tools on one form. Renewal (plaintiff): must be filed before expiration. Modification (either party, § 50B-3(b2)): state the specific term and the good cause to change it. Set aside: pairs with Rule 60(b) grounds like fraud or misrepresentation — state the grounds with particularity.Get form ↗
- AOC-CV-307 — Motion for Order to Show Cause. Contempt enforcement for violations of the order — either party can use it, pro se. Attach your dated proof of each violation.Get form ↗
- 50C versions (non-domestic): AOC-CV-520 (complaint), CV-521 (summons), CV-522 (notice of hearing), CV-523 (temporary order) — see the TRO & 50C guide.Get form ↗
- AOC-G-250 — Servicemembers Civil Relief Act affidavit — required before default judgments; AOC-G-100 — Subpoena — compels witnesses or records to your hearing.Get form ↗
Filing & service: no filing fee, no service fee for 50B cases (§ 50B-2(a)). File at the clerk's DV unit (Room 527, 5th floor, Wake County) or e-file; the sheriff serves the defendant. If you're in immediate danger, ask for the ex parte process the same day — file by 8:30am–3:30pm weekdays.
Custody forms (Chapter 50) — walkthrough
- Custody complaint — no statewide AOC form exists. A custody complaint is a drafted pleading: parties, the child, the § 50A-209 child-status information, facts about caregiving and the child's circumstances, and a request for the custody you want. Many counties (including Wake) offer a pro se custody packet with a fill-in template — ask the clerk's family court office, and confirm what your county requires.Drafted / county packet
- AOC-CV-100 — Civil Summons. Issued when you file; the sheriff (fee) or certified mail serves it with the complaint. Keep the service window alive — a summons dies in 60 days (extend via endorsement / alias & pluries).Get form ↗
- UCCJEA affidavit (child-status information, § 50A-209). Required in every custody case: where the child has lived for the past 5 years and with whom, plus any other custody cases anywhere. Disclose other proceedings completely — omissions surface, and they read as misrepresentation to the court.Required — be complete
- AOC-CV-632 — Motion and Order to Waive Custody Mediation. Contested custody is auto-referred to mandatory mediation; this form asks the judge to waive it for good cause (50+ miles away, abuse/DV allegations, substance abuse, hardship, agreed private mediation — § 50-13.1(c)). Otherwise: attend orientation, read the Putting Children First booklet, and complete the mediation office's intake form — full walkthrough in the mediation guide.Get form ↗
- AOC-G-106 — Petition to Proceed as an Indigent. Waives the civil filing fee (custody cases, unlike 50B, have one) if you qualify.Get form ↗
- Answer / counterclaim (defendant): due 30 days from service (one 30-day extension available from the clerk). Counterclaim for custody in the same filing — it keeps your requests in front of the court even if the plaintiff dismisses.30 days (+30)
- Motions in the cause (temporary custody, modification, contempt): drafted motions on 10 days' notice (§ 50-13.5(d)(1)) with a certificate of service. Modification motions must plead the substantial change of circumstances.10 days' notice
After filing: contested custody is routed to mandatory mediation orientation — attend it; waiver requires a motion for good cause (§ 50-13.1(c), including DV allegations). Then temporary hearing, then permanent.
Child support forms — walkthrough
- Two doors: (1) Apply through Child Support Services (IV-D) — the state agency establishes and enforces support for a one-time $25 fee, no lawyer needed; or (2) file a civil claim for support (usually joined with a custody case, § 50-13.5(b)). The agency route is slower but nearly free; the court route gives you control and speed.NC CSS portal ↗
- AOC-CV-627 / 628 / 629 — Worksheets A / B / C. The math itself: A (primary custody), B (shared — 123+ overnights each), C (split). How to fill: gross monthly incomes, pre-existing support, work-related childcare, the child's health-insurance premium portion, extraordinary expenses. Bring documentation for every line — and run the numbers first so you know what's right before anyone hands you a worksheet.Get form ↗
- Financial affidavit. Most districts require a sworn financial affidavit on a local form in support cases — get your county's version from the clerk or local rules, and make it match your documents exactly (it will be cross-examined).Local form
- Modification motion: drafted motion in the existing case pleading the substantial change (or the 3-year/15% guideline gap). File it the day circumstances change — relief only reaches back to the filing date (§ 50-13.10).File immediately
Where to file in Wake County
- Courthouse
- Wake County Courthouse, 316 Fayetteville St., Raleigh, NC 27601
- DV unit
- Room 527, 5th floor · 919-792-4110
- Hours
- 8:30am–3:30pm weekdays
- E-filing
- NC e-filing portal
- DV advocacy
- InterAct of Wake County
⚠️ Preview county — confirm room, hours, and fees locally.
What to bring (any filing)
Photo ID; the other party's address (and a description or photo for sheriff service); dates and details of what you're alleging; supporting documents (see building your evidence); and payment or the AOC-G-106 fee waiver for civil cases.
Frequently asked questions
Is there a fee to file for a protective order in North Carolina?
No. There is no filing or service fee for a Chapter 50B (or 50C) action. Custody and support cases have a civil filing fee, waivable with form AOC-G-106 if you qualify as indigent.
Is there an official form for filing for custody in North Carolina?
No statewide AOC complaint form exists for custody — it's a drafted pleading, though many counties offer pro se custody packets through the clerk's office. The summons (AOC-CV-100), servicemembers affidavit, and fee waiver are standard AOC forms, and every custody case needs the § 50A-209 child-status information.
Can I file court papers online in North Carolina?
Yes — through the statewide Tyler eFiling portal, including DVPO filings in many counties. For an ex parte DVPO you will still appear before a judge (in person or by video in counties that support it).
How do I respond to a DVPO complaint?
File a short written answer within 10 days of service admitting or denying each numbered paragraph, then prepare for the 10-day hearing — that hearing, not the answer, is where the case is decided.