When tempers rise in personal relationships, things can spiral quickly — especially when both people feel threatened or unsafe. It’s not uncommon in North Carolina for both parties in a dispute to seek protective orders against each other.
But what happens when each person files a protective order, one seeking protection from the other? And how does the court decide who gets what kind of protection?
Here’s what you need to know about competing restraining orders in North Carolina, how they work, and what to do if you find yourself in the middle of one.
Understanding North Carolina’s two main protective orders
North Carolina law provides two types of civil protective orders — depending on the relationship between the parties:
1. Domestic Violence Protective Order (DVPO) — also known as a “50B order”
A DVPO applies when there is a personal or domestic relationship, such as:
- Current or former spouses,
- Romantic partners,
- Parents and children,
- People who live or used to live together, or
- Co-parents.
These are often called “domestic violence restraining orders.”
A DVPO can order the accused person to:
- Stay away from the petitioner, their home, or workplace.
- Have no contact by phone, text, or social media.
- Surrender firearms.
- Move out of a shared residence.
- Temporarily lose custody or visitation rights.
DVPOs are authorized under N.C. Gen. Stat. § 50B-1.
2. Civil No-Contact Order (50C Order)
A 50C order applies when there’s no domestic relationship, but the petitioner claims harassment or stalking — for example, between neighbors, co-workers, or acquaintances.
This is North Carolina’s version of a Harassment Restraining Order (HRO) in other states.
Both orders have serious legal effects — and things get more complicated when both parties file competing claims.
When both parties file — what it means
When both sides in a dispute seek protection, it’s called a mutual protective order situation. Each person claims to be the victim of harassment, threats, or abuse.
This can happen in situations such as:
- A heated argument where both sides accuse the other of violence.
- A breakup where each person feels unsafe or harassed.
- A domestic dispute involving mutual allegations of threats or damage.
In North Carolina, courts take these cross-filings seriously — but they don’t automatically issue mutual orders.
North Carolina law discourages automatic mutual orders
Under N.C. Gen. Stat. § 50B-3(b), a judge cannot simply issue mutual restraining orders unless:
- Both parties file separate petitions, and
- Each side proves their own case with evidence of abuse or harassment.
This means the court will hold two separate hearings — one for each petition.
A judge must find that each person was a victim of the other’s conduct before granting protection to both sides. Otherwise, only one party will receive an order.
This prevents abuse of the system, where an accused person might try to file a counter-petition just to gain leverage or retaliate.
How courts decide which order to grant
In deciding whether to grant one or both protective orders, judges look closely at:
- Credibility of each party’s testimony.
- Evidence such as photos, texts, 911 calls, police reports, or witness statements.
- Who was the primary aggressor — who started or escalated the conflict.
- Whether the allegations were retaliatory or self-defense-related.
If both petitions have merit, the court can issue mutual orders, but those are rare. Most often, the court grants an order to the person the evidence shows was primarily at risk.
What if the other person’s claims are false?
Unfortunately, false or exaggerated claims can arise during breakups, divorces, or custody disputes. If your partner or ex files a protective order based on false allegations, it’s important to respond strategically.
Here’s what to do:
- Don’t contact them — even to “work things out.” Any contact can violate a temporary order.
- Gather your evidence: messages, witness accounts, or police records that support your version of events.
- Document everything — times, dates, and interactions that show who was the aggressor or who acted in self-defense.
- Appear at the hearing with your attorney. If you don’t show up, the judge can issue a final protective order against you by default.
A North Carolina criminal defense or family law attorney can help you prepare your evidence, question witnesses, and expose inconsistencies in the other side’s story.
The consequences of a protective order
Even though protective orders are civil, they have criminal penalties if violated.
Violating a DVPO under N.C. Gen. Stat. § 50B-4.1 is a Class A1 misdemeanor, punishable by up to 150 days in jail and fines.
A repeat or violent violation can lead to felony charges.
Protective orders also affect your:
- Firearm rights,
- Custody or visitation privileges, and
- Employment background checks.
That’s why it’s essential to fight false or exaggerated orders immediately.
What to expect at the hearing
At the court hearing, each side has the right to:
- Testify and tell their side of the story.
- Present physical evidence (texts, photos, recordings).
- Call witnesses.
- Cross-examine the other party.
The judge will review both petitions separately. If you filed your own request for protection, you’ll also have to prove your case with evidence.
After the hearing, the judge can:
- Grant one or both protective orders,
- Deny both, or
- Issue a limited or modified order tailored to the circumstances.
When both parties have children together
When children are involved, things become even more complex. A DVPO or 50C order can:
- Restrict parenting time or custody,
- Require supervised exchanges, or
- Limit contact to communication about the children only, often through apps or third parties.
Judges may also combine protective order conditions with existing custody or visitation orders to prevent further conflict.
If both parents have filed orders, the court will look closely at who poses the greater risk to the children and may appoint a guardian ad litem or social services to investigate.
Key takeaways
- North Carolina law allows both parties to file for protection, but each must prove their case separately.
- The court does not issue mutual restraining orders automatically — both sides must present credible evidence.
- Violating any protective order can lead to arrest and criminal charges.
- If you’ve been served with a false or retaliatory order, show up to your hearing and bring an attorney to protect your rights.
- In cases involving children, courts prioritize safety and stability above all else.
If you’re facing a protective order or cross-petition in North Carolina, you don’t have to face it alone. Martine Law helps clients navigate the overlap between criminal defense and family law, protecting their rights while minimizing damage to their families and reputations.
Our attorneys understand how emotional and high-stakes these situations can be — and we’ll fight to make sure your story is heard.
Contact Martine Law today for a confidential consultation.
Disclaimer: This content is for informational and educational purposes only and does not constitute legal advice. For legal guidance specific to your situation, please contact Martine Law.