Representing petitioners and respondents in Johnston County District Court DVPO proceedings under NC § 50B and § 50C.
Johnston County Courthouse · Smithfield, NC 27577
Clerk of Superior Court — Civil/Domestic Division
Magistrate available after hours for emergency protective orders
Johnston County has been among the fastest-growing counties in North Carolina, anchored by the communities of Clayton, Garner, Selma, Benson, and the county seat of Smithfield. Situated southeast of Wake County along the I-40 and US-70 corridors, Johnston County draws residents who want lower land prices while remaining within commuting distance of Raleigh’s job market. Our Raleigh office is approximately 30 miles from the Johnston County Courthouse in Smithfield, and we regularly handle DVPO matters there.
Johnston County District Court has seen its DVPO caseload grow alongside the county’s population. The court handles both petitioners seeking emergency protection and respondents contesting orders that have been served on them. Because the county encompasses both established communities and newer suburban developments, the DVPO cases that come through the court reflect the full range of domestic relationship situations — married couples, cohabitants, former partners, and family members — that § 50B covers.
To obtain a domestic violence protective order in Johnston County, you begin by filing a sworn complaint at the Johnston County Courthouse Clerk’s office in Smithfield. The complaint must describe specific acts of domestic violence and identify your qualifying relationship with the respondent under § 50B. There is no filing fee for DVPO petitioners in North Carolina, and the court can issue an emergency ex parte order the same day in appropriate cases.
After the ex parte order issues, the Johnston County Sheriff’s Office serves it on the respondent, and a 10-day hearing is scheduled in District Court. The 10-day hearing is a genuine adversarial proceeding — the respondent will appear and have an opportunity to contest the order. An attorney can help you compile your evidence, prepare your testimony, and navigate the procedural requirements of the hearing to give your petition the best possible foundation.
If you have been served with a DVPO in Johnston County, you have until the scheduled 10-day hearing to prepare your defense. The order was issued ex parte — based on one side of the story — and the hearing is your opportunity to present the full picture. The civil burden of proof means a judge decides based on the preponderance of the evidence, and a well-prepared defense that challenges the factual basis of the complaint, the credibility of allegations, or the § 50B relationship element can change the outcome.
A Johnston County DVPO can remove you from your home, require you to surrender firearms, affect any pending child custody matter, and result in criminal charges if you violate any of its terms. These consequences make early legal consultation critical. Call us as soon as you are served, and we can begin assessing your response strategy well before the hearing date.
Frequently Asked QuestionsDVPO petitions in Johnston County are filed at the Johnston County Courthouse in Smithfield. The Clerk of Superior Court handles intake during regular business hours. After-hours emergency orders are available through the Johnston County magistrate.
The Johnston County Courthouse in Smithfield is approximately 30 miles southeast of Raleigh — about 35 to 40 minutes by car. Our Raleigh office handles Johnston County District Court matters regularly.
Johnston County has seen significant growth in DVPO filings as its population has expanded dramatically over the past decade, with new residential communities in Clayton, Garner, and Selma bringing thousands of new residents. The court handles a meaningful caseload, and contested 10-day hearings are a regular part of the docket.
For a full explanation of the DVPO process, see our NC § 50B explainer. For civil no-contact orders, see our § 50C guide. Return to dvpo.law.
Call now for a free consultation. We practice in Johnston County District Court and can discuss your situation before the hearing date arrives.
(844) 473-7387Barker Richardson, PLLC · 318 S. McDowell St., Raleigh · NC Bar #19543
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