Representing petitioners and respondents in Wake County District Court DVPO proceedings under NC § 50B and § 50C.
316 Fayetteville Street · Raleigh, NC 27601
Wake County Justice Center
DVPO petitions filed with the Clerk of Superior Court
Wake County is the most populous county in North Carolina and home to the state capital. Its District Court handles one of the largest volumes of DVPO filings in the state. Cases move quickly, judges have handled thousands of these proceedings, and the court’s expectations for evidence and procedure reflect that volume and experience.
Our office at 318 S. McDowell Street in Raleigh is located within blocks of the Wake County courthouse. We represent Wake County clients on both sides of the courtroom: petitioners seeking protection under NC § 50B or § 50C, and respondents who have been served with a DVPO and need to prepare a defense for the 10-day hearing.
If you have experienced domestic violence and need an order of protection, the process begins at the Wake County District Court Clerk’s office at 316 Fayetteville Street. You will file a sworn complaint describing the acts of domestic violence and your relationship with the respondent. A judge reviews the complaint, often the same day, and decides whether to issue an emergency ex parte order.
Once an ex parte order is issued, the Wake County Sheriff’s Office serves it on the respondent and sets a 10-day hearing. At the hearing, you will present your evidence before the District Court judge, and the respondent will have the opportunity to respond. An attorney can help you organize your evidence, prepare your testimony, and anticipate what the other side may argue.
For situations that arise after court hours, Wake County magistrates are available around the clock at the Justice Center and can issue emergency magistrate’s orders in cases of immediate danger.
If you have been served with a DVPO in Wake County, you have until the 10-day hearing date to prepare your response. The standard of proof is preponderance of the evidence — civil, not criminal — but that does not mean defense is impossible. Courts consider the totality of the evidence, and the 10-day hearing is a genuine adversarial proceeding.
Defense strategies in Wake County DVPO cases can include: demonstrating that the alleged acts do not meet the § 50B-1 definition of domestic violence; challenging the credibility of the petitioner’s account with contrary evidence; showing that the parties do not have a qualifying domestic relationship under § 50B; and presenting evidence of circumstances the complaint does not accurately describe.
The consequences of a Wake County DVPO — potential loss of your home, custody implications, mandatory firearms surrender, and criminal penalties for any violation — make preparation before the hearing essential.
Frequently Asked QuestionsDVPO petitions in Wake County are filed at the Wake County District Court, located at 316 Fayetteville Street, Raleigh, NC 27601. The Clerk of Superior Court’s office handles intake. For emergency situations after hours, magistrates are available around the clock at the Wake County Justice Center.
Wake County has one of the highest case volumes of any district court in North Carolina, reflecting the county’s large and growing population. DVPO cases are scheduled regularly, and the court handles a significant number of both ex parte hearings and 10-day contested hearings each week. Representation in this high-volume environment makes a meaningful difference in how your matter is presented.
In most cases, yes. Wake County District Court judges review ex parte DVPO complaints on a daily basis, and an emergency order can typically be issued the same day the complaint is filed if the facts support it. After hours, you can seek an emergency magistrate’s order through the Wake County Justice Center.
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 Wake 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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