Emergency Custody and Protective Orders in North Carolina

Emergency custody in a custody case

If circumstances make it appropriate, once the court has jurisdiction over the child it may enter temporary custody and support orders while service of process or notice is pending (G.S. 50-13.5(d)(2)). But a temporary order that changes the child’s living arrangements or changes custody may not be entered ex parte and before service or notice unless the court finds (G.S. 50-13.5(d)(3)):

• the child is exposed to a substantial risk of bodily injury or sexual abuse; or
• there is a substantial risk that the child may be abducted or removed from North Carolina for the purpose of evading the jurisdiction of North Carolina courts.

A temporary custody order that requires a law enforcement officer to take physical custody of a child must be accompanied by a warrant under G.S. 50A-311 (G.S. 50-13.5(d)(3)). The Judicial Branch notes that if an emergency order is granted, a hearing must be scheduled so both parties can be heard, and it suggests considering an attorney because the process is complex.

Domestic violence protective orders

Chapter 50B covers domestic violence between people in a personal relationship, which includes current or former spouses, people who have a child in common, current or former household members, and others listed in G.S. 50B-1(b). Domestic violence includes attempting to cause or intentionally causing bodily injury, placing someone in fear of imminent serious bodily injury or continued harassment that inflicts substantial emotional distress, and certain sexual offenses (G.S. 50B-1(a)).

• Filing. You may file a civil action, or a motion in an existing Chapter 50 case, and you may proceed without a lawyer. No court costs or attorney’s fees are assessed for filing or service, except as provided in Rule 11 (G.S. 50B-2(a)). The clerk must provide the forms (G.S. 50B-2(d)); the statewide complaint is the AOC-CV-303, Complaint for Domestic Violence Protective Order (Rev. 12/25).
• Ex parte orders. Before the hearing, if it clearly appears from specific facts that there is a danger of domestic violence against you or a minor child, the court may enter orders it deems necessary to protect you. Temporary custody ex parte requires a finding that the child is exposed to a substantial risk of physical or emotional injury or sexual abuse (G.S. 50B-2(c)(1) and (2)).
• Timing. If you are filing without a lawyer and request ex parte relief, the clerk schedules an ex parte hearing within 72 hours of filing or by the end of the next day the district court is in session in the county, whichever comes first (G.S. 50B-2(c)(6)). After an ex parte order, the full hearing is held within 10 days of issuance or within seven days of service, whichever is later (G.S. 50B-2(c)(5)). When the district court is not in session and no district court judge will be available for four or more hours, a magistrate authorized by the chief district judge may hear a motion for emergency relief ex parte (G.S. 50B-2(c1)).
• Service. For a party filing without a lawyer, the clerk arranges service through the law enforcement agency where the defendant is to be served, if it is in North Carolina (G.S. 50B-2(b) and (c)(7)).

Custody inside a protective order

If the court finds an act of domestic violence occurred, it shall grant a protective order, which may include temporary custody and visitation (G.S. 50B-3(a)). After notice, the court bases custody on the child’s best interest with particular consideration of safety, weighing factors such as whether the child was present during domestic violence, whether a weapon was used, and any pattern of abuse (G.S. 50B-3(a1)). Visitation can be supervised or exchanges set in a protected setting.

• A temporary custody order under Chapter 50B is without prejudice and lasts for a fixed period of no more than one year, and it does not affect the right to a de novo hearing under Chapter 50 (G.S. 50B-3(a1)(4)).
• A protective order lasts for a fixed period of no more than one year. It may be renewed for up to two years on a motion filed before it expires, but a temporary custody award in it may not be extended beyond the one-year maximum (G.S. 50B-3(b)).

When the child is from another state

A North Carolina court has temporary emergency jurisdiction if the child is present in North Carolina and has been abandoned, or if it is necessary in an emergency to protect the child because the child, a sibling, or a parent is subjected to or threatened with mistreatment or abuse (G.S. 50A-204(a)). If another state has jurisdiction or an existing order, the North Carolina order lasts only for the period the court specifies to allow an order to be obtained from that state (G.S. 50A-204(c)).

Primary sources

Statutes, rules, and forms change. Check the current version at the source before you file.

• G.S. 50-13.5(d), temporary and ex parte custody orders
• G.S. 50-13.2, custody and domestic violence findings
• G.S. 50B-1, domestic violence; definition
• G.S. 50B-2, institution of action; ex parte orders
• G.S. 50B-3, relief
• G.S. 50A-204, temporary emergency jurisdiction
• AOC-CV-303, Complaint for Domestic Violence Protective Order
• North Carolina Judicial Branch, Child Custody help topic
• North Carolina Judicial Branch, Domestic Violence help topic