DOMESTIC VIOLENCE PROTECTION ORDER
(North Carolina – Chapter 50B)
STATE OF NORTH CAROLINA
COUNTY OF [COUNTY]
IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION
FILE NO.: [FILE NUMBER]
[PLAINTIFF LEGAL NAME],
Plaintiff / “Protected Party,”
v.
[DEFENDANT LEGAL NAME],
Defendant / “Restrained Party.”
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TABLE OF CONTENTS
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I. Document Header..................................................... 2
II. Definitions......................................................... 3
III. Court Findings (Representations & Warranties)....................... 4
IV. Operative Provisions................................................ 5
V. Covenants & Restrictions............................................ 8
VI. Default & Remedies (Violation; Penalties)........................... 9
VII. Risk Allocation..................................................... 10
VIII. Dispute Resolution................................................. 10
IX. General Provisions.................................................. 11
X. Execution Block..................................................... 12
[// GUIDANCE: Delete the Table of Contents if filing in a jurisdiction that
does not permit or require it. Page numbers assume finalized formatting.]
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I. DOCUMENT HEADER
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1.1 Title. This Domestic Violence Protection Order (“Order”) is issued pursuant to the North Carolina Domestic Violence Act, Chapter 50B of the North Carolina General Statutes.
1.2 Parties.
(a) Protected Party: [PLAINTIFF FULL LEGAL NAME], residing at [PLAINTIFF ADDRESS].
(b) Restrained Party: [DEFENDANT FULL LEGAL NAME], residing at [DEFENDANT ADDRESS].
1.3 Effective Date. This Order is effective upon entry by the Court on [DATE OF ENTRY] (“Effective Date”) and, unless earlier modified or revoked, shall expire at 11:59 p.m. on [EXPIRATION DATE] (not to exceed one (1) year from the Effective Date, absent extension by the Court).
1.4 Jurisdiction & Venue. The Court has subject-matter jurisdiction under Chapter 50B and personal jurisdiction over the Parties. Venue is proper in [COUNTY].
[// GUIDANCE: For ex parte relief, substitute “Ex Parte Domestic Violence Protection Order” in § 1.1 and add the statutorily required next-hearing date.]
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II. DEFINITIONS
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For purposes of this Order, capitalized terms have the meanings set forth below:
“Court” means the General Court of Justice, District Court Division, State of North Carolina.
“Day” means calendar day unless expressly stated otherwise.
“Firearm” includes any weapon, whether loaded or unloaded, from which a shot is discharged by an explosive, the frame or receiver of such weapon, or any firearm muffler or silencer.
“Law Enforcement Agency” means any State or local police, sheriff, or other governmental body authorized to enforce this Order.
“Minor Child(ren)” means the child or children under eighteen (18) years of age identified in § 4.4.
“Prohibited Conduct” collectively refers to the acts and omissions set forth in §§ 4.1 through 4.3.
“Protected Address” means the residence, workplace, school, or other location listed in § 4.2(b) from which the Restrained Party must stay away.
“Restrained Party” has the meaning given in § 1.2(b).
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III. COURT FINDINGS (Representations & Warranties)
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The Court, having reviewed the Verified Complaint, heard sworn testimony, and considered the evidence of record, FINDS that:
3.1 Relationship. The Parties are in a relationship covered by Chapter 50B, specifically:
☐ Current or former spouses
☐ Persons who live together or have lived together
☐ Parent and child
☐ Persons who have a child in common
☐ Other qualifying relationship: [DESCRIBE]
3.2 Acts of Domestic Violence. The Restrained Party has committed, or threatened to commit, one or more acts of domestic violence against the Protected Party and/or the Minor Child(ren), including but not limited to:
☐ Attempting to cause bodily injury
☐ Intentionally causing bodily injury
☐ Placing the Protected Party in fear of imminent serious bodily injury
☐ Continued harassment rising to such a level as to inflict substantial emotional distress
☐ [OTHER ACTS]
3.3 Immediate Danger. The Protected Party is in danger of, or has suffered, domestic violence and needs protection.
3.4 Necessity of Relief. The relief granted herein is necessary to prevent further acts of domestic violence and to protect the safety and welfare of the Protected Party and/or the Minor Child(ren).
[// GUIDANCE: For an ex parte order, add a finding of “immediate and present danger of domestic violence that justifies issuance without notice.”]
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IV. OPERATIVE PROVISIONS
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4.1 No Abuse or Harassment
The Restrained Party SHALL NOT abuse, threaten, harass, follow, surveil, or interfere with the Protected Party or the Minor Child(ren), directly or indirectly, in person, by telephone, electronic means, social media, or through third persons.
4.2 No-Contact & Stay-Away
(a) No Contact. The Restrained Party SHALL HAVE NO CONTACT of any kind—direct, indirect, or third-party—with the Protected Party, except as expressly allowed in § 4.6 (Custody Exchange) or as permitted in writing by this Court.
(b) Stay-Away Distance. The Restrained Party shall remain at least [100 / 300] yards from:
(i) The person of the Protected Party;
(ii) The Protected Party’s residence at [ADDRESS];
(iii) The Protected Party’s workplace at [ADDRESS];
(iv) The Protected Party’s school/other at [ADDRESS].
(c) Incidental Contact. Any incidental contact resulting from court appearances or law-enforcement-ordered exchanges does not violate this Order so long as the Restrained Party maintains the stay-away distance and refrains from Prohibited Conduct.
4.3 Telephone, Electronic, and Social Media Restrictions
The Restrained Party SHALL NOT initiate any telephone calls, text messages, emails, instant messages, social-media posts, “likes,” or other electronic communications directed to, or referencing, the Protected Party.
4.4 Temporary Custody of Minor Child(ren)
(a) Award. Temporary legal and physical custody of the Minor Child(ren) identified below is awarded to the Protected Party:
• Child 1: [NAME], DOB [DATE]
• Child 2: [NAME], DOB [DATE]
• …
(b) Visitation. ☐ No visitation at this time; OR
☐ Supervised visitation as follows: [TERMS]
(c) Emergencies. Either Party may seek modification in the best interest of the child(ren).
(d) Superseding Orders. Any later custody order in a civil action shall control.
4.5 Surrender & Prohibition of Firearms
(a) Immediate Surrender. Within twenty-four (24) hours of service of this Order, the Restrained Party shall surrender all Firearms, ammunition, and permits to purchase or carry concealed firearms to the [COUNTY] Sheriff’s Office or other designated Law Enforcement Agency.
(b) Prohibition. The Restrained Party is PROHIBITED from purchasing, possessing, or receiving any Firearm while this Order is in effect, except as allowed by federal law for official-capacity use by law-enforcement officers.
(c) Proof of Compliance. Within forty-eight (48) hours of surrender, the Restrained Party shall file with the Court an inventory and receipt issued by the Law Enforcement Agency confirming surrender.
4.6 Law-Enforcement-Supervised Property Retrieval
(a) Single Visit. The Restrained Party may retrieve personal belongings from the former shared residence one time only, on [DATE] between [START] and [END], in the presence of a uniformed law-enforcement officer.
(b) Advance Coordination. The Restrained Party must contact the [COUNTY] Sheriff’s Office no less than forty-eight (48) hours in advance to arrange the retrieval.
4.7 Temporary Support
(a) Child Support. ☐ Not addressed; OR ☐ The Restrained Party shall pay temporary child support of $[AMOUNT] per month, commencing [DATE] and due on the [DAY] of each month thereafter.
(b) Spousal Support. ☐ None; OR ☐ [TERMS].
4.8 Possession of Residence & Vehicles
(a) Exclusive Possession. The Protected Party is granted exclusive possession of the residence located at [ADDRESS].
(b) Vehicles. Use of the following vehicle(s) is awarded to the Protected Party: [YEAR/MAKE/MODEL/VIN].
4.9 Law-Enforcement Assistance & Entry Into Databases
(a) Enforcement. Any North Carolina or out-of-state Law Enforcement Agency shall enforce this Order.
(b) NCIC. The Clerk of Court shall transmit this Order for entry into the National Crime Information Center (NCIC) Protection Order File within twenty-four (24) hours of entry.
4.10 Duration & Renewal
(a) Term. Unless otherwise stated, this Order shall remain in force until the Expiration Date in § 1.3.
(b) Renewal. The Protected Party may move to renew this Order for good cause prior to its expiration.
(c) Early Termination or Modification. Either Party may move to modify or dissolve this Order upon notice and hearing, subject to statutory requirements.
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V. COVENANTS & RESTRICTIONS
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5.1 Affirmative Duty of Compliance. The Restrained Party shall strictly comply with all provisions herein and any future directives of the Court.
5.2 Notice of Address Change. Within seventy-two (72) hours of any change in residential address, the Restrained Party shall file written notice with the Clerk of Court and serve the Protected Party or counsel of record.
5.3 Monitoring & Proof of Compliance.
(a) Firearms Compliance Review. A compliance review hearing is scheduled for [DATE] at [TIME] in Courtroom [NO.].
(b) The Restrained Party shall appear in person and present proof of firearms surrender.
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VI. DEFAULT & REMEDIES (Violation; Penalties)
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6.1 Criminal Penalties. A knowing violation of this Order constitutes a separate criminal offense punishable by arrest, incarceration, and/or fines as provided under Chapter 50B and other applicable law.
6.2 Civil Contempt. Each violation may be punished as civil or criminal contempt, including confinement until the Restrained Party complies with the Order.
6.3 Warrantless Arrest. Any law-enforcement officer who has probable cause to believe the Restrained Party has violated this Order SHALL arrest the Restrained Party without a warrant.
6.4 Attorney’s Fees & Costs. The Court may award reasonable attorney’s fees and costs to a prevailing party in any contempt or enforcement proceeding.
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VII. RISK ALLOCATION
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[Not applicable. Indemnification and liability-cap concepts do not apply to court orders of this nature.]
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VIII. DISPUTE RESOLUTION
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8.1 Governing Law. This Order is governed by the domestic-violence laws of the State of North Carolina and, where applicable, by federal full-faith-and-credit provisions.
8.2 Forum Selection. The District Court Division for the county captioned above retains exclusive jurisdiction over all matters arising under or relating to this Order.
8.3 Arbitration & Jury Waiver. Arbitration is not available, and jury trial is not applicable in contempt or enforcement proceedings under Chapter 50B.
8.4 Injunctive Relief Preserved. The equitable and injunctive remedies granted herein are independent of, and in addition to, any other remedies available at law.
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IX. GENERAL PROVISIONS
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9.1 Severability. If any provision of this Order is held unenforceable, the remaining provisions shall remain in full force.
9.2 Amendment & Waiver. Only the Court may modify, dissolve, or extend this Order. No informal waiver by either Party is effective absent a written order.
9.3 Integration. This document constitutes the entire protective order between the Parties and supersedes all prior oral or written protective directives.
9.4 Service. The Clerk of Court shall issue and deliver a certified copy of this Order to the [COUNTY] Sheriff for immediate service on the Restrained Party. Service shall be deemed complete upon personal delivery or as otherwise provided by law.
9.5 Counterparts / Electronic Signatures. This Order may be signed in counterparts or by electronic signature where authorized.
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X. EXECUTION BLOCK
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SO ORDERED, this the ___ day of _, 20.
District Court Judge
[NAME OF JUDGE]
[Seal of Court]
CERTIFICATE OF SERVICE
I certify that a certified copy of this Domestic Violence Protection Order was:
☐ Personally served on the Restrained Party on _, 20, at ____ a.m./p.m.
☐ [OTHER SERVICE METHOD AS PER STATUTE]
[NAME & TITLE], [COUNTY] Sheriff’s Office
Date: __, 20
[// GUIDANCE: Obtain the judge’s original signature and court seal. Attach any
required law-enforcement instructions or firearms-surrender forms as exhibits.]