North Carolina has a specific law to help protect people from physical harm done or threatened by someone with whom they have a personal relationship. If you have been injured or are in immediate fear of being injured you may apply to the court for a restraining order keeping that person away from you. A hearing will be scheduled within ten days and the judge will listen to both parties and determine whether the order should remain in place for one year. This law is designed for people to represent themselves without an attorney, although either party may have an attorney represent them at the hearing.

In this type of action, the judge has the authority to order temporary custody of the children and/or temporary possession of the residence to one of the parties. But the judge does not always do so, and even if he does, the order is only in place for one year. You should be prepared to address these issues outside of the restraining order process. Read the sections of this site relating to Child Custody and Visitation, Child Support, and Property Division for information about these topics.