How to Get a Domestic Violence Protective Order in North Carolina
A survivor-friendly guide to North Carolina's DVPO process.
Understanding Ex Parte Temporary Protection Orders for Family and Relationship Violence
What Is an Ex Parte Temporary Protection Order?
An ex parte temporary protection order is a short-term court order meant to provide quick safety when there are concerns about family or relationship violence. “Ex parte” means the judge can make the order based on information from one side only, usually the person asking for protection, without the other person present at the first stage.
The exact name of the order and process can differ by province or territory. Common terms include “emergency protection order,” “restraining order,” or “family violence protection order.” The overall purpose is similar: to create legal limits on a person’s contact or behaviour for safety reasons, at least until a full hearing can be held.
Names, forms, and steps vary between provinces and territories. Local legal clinics, victim services, or community organizations can explain how this works where you live, but they cannot guarantee results.
Who May Be Able to Apply
Who can ask the court for this kind of order depends on local laws and court rules, but it often includes:
- People experiencing violence, threats, or harassment from a current or former intimate partner
- People experiencing abuse from a family member or someone they live or lived with
- A parent or legal guardian on behalf of a child
- Sometimes, a police officer or another authorized person can apply on someone’s behalf in urgent situations
In many regions, an adult may apply for themselves. In some situations, a support person, lawyer, or advocate can help fill out documents or speak in court, but this depends on local rules and what is safe for the person applying.
If you are unsure whether you are eligible to apply, community legal information services or victim services in your province or territory can usually explain options without requiring you to start a case.
How the Hearing Process Usually Works
1. Application and Affidavit or Statement
The person seeking protection generally completes court forms describing what has been happening and why protection is needed urgently. This may include a written statement (often called an affidavit or declaration) describing recent incidents, threats, or patterns of behaviour.
2. Ex Parte Review
A judge or justice of the peace reviews the application, often the same day or within a short time. Because it is ex parte:
- The other person (often called the “respondent”) is usually not in court and may not know about the application yet.
- The judge decides based on the written information and anything the applicant says in the brief hearing.
- The judge may ask questions to clarify safety concerns and what protections are being requested.
3. Possible Immediate Order
If the judge believes there is a serious safety concern and that waiting for a full hearing could increase risk, they may grant a temporary order. This often happens the same day. If the judge does not grant the order, they might set the matter for a regular (non-emergency) hearing or suggest other options.
4. Serving the Order on the Other Party
If an order is made, it usually has no effect until it is formally delivered (“served”) on the other person. Police or a process server may handle this, depending on local practice. After service, the person named in the order is expected to follow all conditions, even if they disagree with it.
5. Follow-Up or Full Hearing
Ex parte temporary orders are not meant to be permanent. A follow-up hearing is usually scheduled, where both sides can attend. At that hearing:
- The judge hears from both parties, and sometimes from witnesses or through more detailed documents.
- The judge decides whether to end the order, change it, or replace it with a longer-term order.
Missing a scheduled hearing can affect what happens to the order. If attending a hearing feels unsafe, seek information in advance about safety planning at the courthouse, remote options (if available), or support persons.
Types of Relief That May Be Available
The specific protections in an ex parte temporary order depend on local law and the judge’s decision. Common examples include:
- No-contact conditions (no phone, text, in-person, or online contact)
- Conditions to stay away from a home, workplace, school, or other locations
- Temporary possession of the shared home by one person
- Limits on coming near a vehicle or certain community locations
- Conditions about not following, watching, or monitoring the protected person
- In some regions, temporary arrangements related to children, such as where they stay or how exchanges are handled
- Conditions around not possessing weapons, firearms, or ammunition, if allowed under local laws
The judge decides which conditions to include based on safety concerns, the information provided, and what is permitted in that province or territory’s legislation.
Orders cannot guarantee safety, but they can create legal consequences if conditions are broken. Reporting a breach to police is usually an option, but response times and outcomes can vary.
Typical Duration of Ex Parte Temporary Orders
Ex parte temporary protection orders are usually short term. Common patterns across Canada include:
- Orders that last for a set number of days or weeks (for example, 7–30 days) until a full hearing
- Orders that remain in place until a specific court date, when the judge reviews them again
- In some places, the order can be extended more than once if the court has not yet held the full hearing or if ongoing risk is found
For longer-term protection, a new or extended order may be considered at the follow-up hearing, depending on the evidence, local laws, and the judge’s decision.
The end date of the order should be written on the document itself. If anything about the dates or conditions is unclear, it may help to ask a duty counsel, legal clinic, or court staff for general information about how to read the order.
Finding Additional Support
Different kinds of support may be available across Canada, including legal information services, shelters, and advocacy programs. A list of some national and regional resources can be found through directories such as DV.Support, which may help you locate services in your area.