NC DVPO The three "restraining orders" — which one is yours?
North Carolina law has three distinct tools that get called a restraining order. They have different statutes, different standards, different durations, and very different consequences for the person restrained. Identifying the right one is step zero.
1. DVPO — Chapter 50B (the "domestic" one)
For acts of domestic violence by someone you have or had a personal relationship with — current/former spouses, people who live or lived together, parents and children, co-parents, current/former household members, or opposite-sex dating partners (§ 50B-1(b)). Relief can include house possession, temporary custody, support, and firearms surrender. Violation is a crime — at least a Class A1 misdemeanor, with felony escalators (§ 50B-4.1). Lasts up to one year; renewable up to two years at a time for good cause (§ 50B-3(b)).
Covered in depth in our DVPO guide and respondent's guide. Full text: Chapter 50B.
2. Civil no-contact order — Chapter 50C (the "non-domestic" one)
For stalking or nonconsensual sexual conduct by someone outside a 50B personal relationship — a neighbor, coworker, acquaintance, or stranger (§ 50C-1(8)). No filing fee (§ 50C-2(b)). A temporary order can issue ex parte for up to 10 days (§ 50C-6); a permanent order lasts up to one year (§ 50C-8(b)) and can be renewed for good cause — and, as with a 50B renewal, a new act of unlawful conduct is not required (§ 50C-8(c)). Violation is punished as contempt of court, not a standalone crime (§ 50C-10), and a 50C order does not carry the DVPO's firearms-surrender or house-possession provisions.
Full text: Chapter 50C.
3. TRO & preliminary injunction — Rule 65 (the general civil one)
The classic litigation temporary restraining order: an emergency order in any civil case to preserve the status quo. It can issue without notice only on specific sworn facts showing immediate and irreparable injury plus a certification of efforts to give notice, and it expires within 10 days unless extended for good cause (Rule 65(b)). It normally requires the applicant to post a bond — but in suits between spouses involving support, custody, separation, or divorce, no bond is required of the plaintiff spouse (Rule 65(c)). Custody and child-support courts have express injunction power through Rule 65 (§ 50-13.3(b), § 50-13.4(f)(5)).
Full text: Rule 65.
Key differences at a glance
- Relationship required
- 50B: personal relationship required. 50C: specifically for people without one. Rule 65: any civil litigants.
- Conduct covered
- 50B: bodily injury or attempts, fear of imminent serious bodily injury, harassment inflicting substantial emotional distress, sexual offenses. 50C: stalking or nonconsensual sexual conduct. Rule 65: any threatened irreparable injury in a lawsuit.
- Filing fee
- 50B: none. 50C: none. Rule 65: normal civil filing costs; bond usually required.
- Emergency (ex parte) phase
- All three allow a roughly 10-day ex parte order on specific sworn facts; all three require a prompt full hearing.
- Maximum duration
- 50B: 1 year, renewable up to 2 years at a time. 50C: 1 year, renewable. Rule 65: TRO 10 days; a preliminary injunction lasts while the case is pending.
- Violation
- 50B: crime (Class A1 misdemeanor minimum; mandatory warrantless arrest on probable cause). 50C: civil or criminal contempt. Rule 65: contempt.
- Firearms surrender
- 50B: yes, § 50B-3.1 (plus the federal 18 U.S.C. § 922 prohibition can attach). 50C: no equivalent provision. Rule 65: no equivalent provision.
- House & custody powers
- 50B: yes — possession of the residence, eviction of a party, temporary custody and support. 50C: no — stay-away and no-contact relief only (§ 50C-5). Rule 65: case-dependent.
Filing a 50C: forms and process
A 50C action starts with a verified complaint in district court. The statewide forms are free and the clerk cannot charge a filing fee:
- AOC-CV-520 — Complaint for No-Contact Order for Stalking or Nonconsensual Sexual ConductNC Courts ↗
- AOC-CV-521 — Civil Summons (50C No-Contact)NC Courts ↗
- AOC-CV-522 — Notice of Hearing on No-Contact OrderNC Courts ↗
- AOC-CV-523 — Temporary No-Contact Order (ex parte)NC Courts ↗
- AOC-G-250 — Servicemembers Civil Relief Act AffidavitNC Courts ↗
The respondent must be served by the sheriff and has 10 days to answer (§ 50C-3). If a temporary ex parte order issues, the permanent-order hearing must be set within 10 days of the motion; if the temporary order is denied, trial is set within 30 days (§ 50C-8(a)). A permanent order requires proper service plus notice — or default if the respondent never answers (§§ 50C-3(c), 50C-7).
If you're the respondent on a 50C or a TRO
The same due-process fundamentals from our DVPO respondent's guide apply: the ex parte order was entered on one side's sworn statements, the full hearing is where you get heard, and everything you do before that hearing should assume the order is fully enforceable. Three points specific to these orders:
- Comply now, contest at the hearing. A 50C violation is contempt — a judge can jail you for it — and contempt proceedings are faster than criminal cases.
- The 10-day clock is your hearing. A temporary 50C or Rule 65 TRO must come back before a judge quickly. On two days' notice, a restrained party can move to dissolve or modify a temporary order before the scheduled hearing (§ 50C-8(a), Rule 65(b)).
- Check the bond. If you were restrained under Rule 65 and the order is later dissolved, Rule 65(e) allows damages against the party who obtained it — without proving malice — secured by the bond they posted.
Reading the actual law
Every section of Chapter 50C and Rule 65 — and Chapter 50B for comparison — is reproduced in full, printable, and downloadable on our statutes page, each with a direct link to the official text on ncleg.gov.
Frequently asked questions
What is the difference between a TRO and a DVPO in North Carolina?
A DVPO (Chapter 50B) is a specific protective order for domestic violence between people with a personal relationship, lasts up to a year, and is criminally enforced. A TRO (Rule 65) is a short emergency order in any civil lawsuit — it lasts at most 10 days unless extended, usually requires a bond, and is enforced through contempt.
How do I get a restraining order against someone I never dated or lived with?
That is the Chapter 50C civil no-contact order. It covers stalking or nonconsensual sexual conduct by someone outside a 50B personal relationship — neighbors, coworkers, acquaintances, strangers. File form AOC-CV-520 in district court; there is no filing fee.
How long does a 50C no-contact order last?
A temporary ex parte order lasts up to 10 days. A permanent order lasts up to one year and can be renewed for good cause before it expires — the statute does not require a new act of unlawful conduct for renewal.
Is violating a 50C order a crime?
Unlike a 50B DVPO violation (a Class A1 misdemeanor at minimum), a knowing 50C violation is punished as civil or criminal contempt of court under Chapter 5A, which can include fines or jail.
Does a 50C order require the respondent to surrender firearms?
No. The firearms-surrender scheme in § 50B-3.1 applies to DVPOs, not 50C orders. A 50C order also cannot award house possession, custody, or support — its relief is limited to no-contact and stay-away terms under § 50C-5.