You have to file a complaint (lawsuit) seeking a Domestic Violence Protective Order (otherwise known as a restraining order or as a “50B”) through the civil Clerk of Court. If it is at night or on the weekend, you may be able do this through the magistrate’s office if the Chief District Court Judge in the district allows it. However, in Wake County and larger jurisdictions, magistrates have not been granted the authority to issue civil restraining orders, so the plaintiff must wait to request an order from the court through the civil Clerk of Court.
In the complaint, you set out the details of the act of violence or threat of violence that caused you to seek the Domestic Violence Protective Order. You will then appear before the judge or magistrate to describe what happened. If the judge or magistrate determines you are entitled to an emergency Ex Parte Protective Order, it will be issued at that time. Your abuser is not notified of or present for the emergency hearing. The emergency order is valid until there can be a hearing on the issue, at which hearing the abuser has the right to be present.
This return hearing on the emergency order is held within 10 days. If the judge determines at the full hearing that you are entitled to a Domestic Violence Protective Order, one will be issued. This order will be valid for one year, but may be renewed at the end of one year for an additional two years at a time.