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Legal Information: North Carolina

Restraining Orders

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Laws current as of December 10, 2024

What is the National Crime Information Center (NCIC) Registry? Who has access to it?

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.

All law enforcement officials have access to it, but the information is encrypted so outsiders cannot access it.

How do I register my protection order in North Carolina?

To register your protection order in North Carolina, go to the Superior Court in your county, and bring the following items:

  1. one copy of your protection order. It does not need to be a certified copy;
  2. the form called “Request and Affidavit to Register and Registration of Out-of-state Domestic Violence Protective Order” (AOC-CV-315), which is available online and at the superior court; and
  3. the form called ”Identifying Information About Defendant Domestic Violence Action” (AOC-CV-312), which is available online and at the superior court.

When you give the forms and the copy of your protection order to the clerk of the court, you will need to swear under oath that to the best of your knowledge, the order is still in effect and nothing about the order has been changed.  Then you will sign the form in front of the clerk. Once the Superior Court receives all of this information from you, the clerk will send a copy to the sheriff who will enter your protection order into the National Crime Information Center Registry (NCIC).1 To find the superior court in your county, go to our NC Courthouse Locations page.

If you need help registering your protection order, you can contact a local domestic violence organization in North Carolina for assistance.  You can find contact information for organizations in your area here on our NC Advocates and Shelters page.

1 N.C. Gen. Stat. § 50B-3(d)

Do I have to register my protection order in North Carolina in order to get it enforced?

North Carolina state law gives full protection to an out-of-state protection order as long as you can show the officer a copy of the order and can truthfully tell the officer that you believe the order is still in effect.1 It does not have to be entered into the state or federal registry in order to be enforced by a North Carolina police officer, but the officer does need to believe that it is a valid order.

1 N.C. Gen. Stat. § 0B-4(d)

Will the abuser be notified if I register my protection order?

The federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, addresses this issue. VAWA says that the court cannot tell the abuser when you register or file your protective order in a new state unless you specifically request that the abuser be notified.1  However, you may wish to check that the clerk is aware of this law before you register your order. You may want to be especially careful if your address is confidential.

Despite this law, it is still possible that the abuser could somehow find out where you are living. Continue to think about your safety, even if you no longer live in the same state as the abuser. Our Safety Planning page has tips to get you started or build on what you are already doing.  A local domestic violence organization can help you make a safety plan that works for you. To find organizations in your area, go to North Carolina Advocates and Shelters.

1 18 USC § 2265(d)

What if I don't register my protection order? Will it be more difficult to have it enforced?

According to federal and state laws, you do not need to register your protection order to get it enforced in Idaho. However, if your order is not entered into the state registry, it may be harder for a law enforcement officer to check if your order is valid. So, it could take longer to get your order enforced.

If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area.  An advocate there can help you decide what the safest plan of action is for you. To see a list of local domestic violence organizations, go to our NC Places that Help page.

Does it cost anything to register my protection order?

There is no fee for registering your protection order in North Carolina.