How to Fill Out North Carolina Form AOC-CV-303 (w/Examples) + FAQs

North Carolina Form AOC-CV-303, titled Complaint and Motion for Domestic Violence Protective Order, is the civil court document a victim of domestic violence files in district court to ask a judge for a 50B protective order against an abuser under Chapter 50B of the North Carolina General Statutes. The form starts the case, lists the abuse, and asks the court for emergency and long-term protection. Filing it correctly can mean the difference between getting an ex parte order the same day and waiting weeks for a hearing.

According to data published by the North Carolina Administrative Office of the Courts, more than 30,000 50B domestic violence cases are filed each year in North Carolina, and clerks report that field-level errors on AOC-CV-303 are one of the top reasons ex parte requests get delayed at intake. The current revision date printed on the form is Rev. 12/15, so confirm you have that version before you start writing.

Here is what you will learn in this guide:

  • 📄 What every box, block, and signature line on AOC-CV-303 means in plain English
  • 🛡️ How to ask for an Ex Parte (emergency) Order the same day you file
  • ✍️ Three real filled-out scenarios you can model your own complaint on
  • 🏛️ Where and how to file with the Clerk of Superior Court at no cost
  • ⚠️ The most common mistakes that delay protection and how to avoid them

What the Form Is and Who Must File It

Form AOC-CV-303 is the official complaint that opens a 50B domestic violence civil action in North Carolina district court. It serves two purposes at once. It is a complaint that states the facts of abuse, and it is a motion asking the judge to enter a Domestic Violence Protective Order, often called a DVPO or 50B order. The form is published by the North Carolina Judicial Branch forms library and is free to download.

You must file this form if you are a victim of domestic violence and you have a personal relationship with the abuser as defined by N.C.G.S. § 50B-1. A personal relationship covers current or former spouses, people of the opposite sex who live together or used to, parents and children, grandparents and grandchildren, people who share a child, current or former household members, and people of the opposite sex who are or were in a dating relationship. If your relationship does not fit, you likely need Form AOC-CV-520, the no-contact order for stalking instead.

The plaintiff is the person asking for protection. The defendant is the alleged abuser. Minors can file through a parent or guardian. There is no filing fee for a 50B complaint under N.C.G.S. § 50B-2(a), and the clerk cannot turn you away for inability to pay.

Before You Start: Documents and Information You Need

Gathering the right information before you open the form keeps you from leaving boxes blank, which is the fastest way to lose an ex parte hearing. The clerk and the judge will both look for specific facts on the four-page form, and missing details create doubt. Build the packet below before you sit down at the courthouse self-help table or at the local domestic violence agency.

A clean pre-filing checklist saves time and protects you from mistakes:

  • The defendant’s full legal name, date of birth, and current address, because the sheriff cannot serve a vague description.
  • The defendant’s physical description, including height, weight, race, and eye color, which goes on companion form AOC-CV-312 so deputies can locate the abuser.
  • A timeline of recent abuse, including dates, locations, and what happened, because Rule 9 of the North Carolina Rules of Civil Procedure requires fact pleading.
  • Any photos, texts, voicemails, medical records, or police reports, because the judge may admit them at the ex parte stage.
  • The names and dates of birth of any minor children you share, so the order can include custody.
  • A list of firearms the defendant owns or has access to, because the order can require surrender under N.C.G.S. § 50B-3.1.
  • A safe mailing address for court notices, which can be a P.O. box or an address confidentiality program address.
  • A photo ID for the verification page, because the clerk or notary must witness your signature.

If you do not have one of these items, file anyway and tell the clerk what is missing. A judge can still grant an ex parte order on a sworn complaint, and you can supplement before the ten-day return hearing.

Where to Get the Form and How to Access It

The official PDF lives on the North Carolina Judicial Branch website and can be downloaded for free. You can also pick up paper copies at the Clerk of Superior Court’s civil division in any of the 100 counties, at most domestic violence advocacy agencies, and at courthouse self-help centers. A Spanish version is available on the same forms page.

Many counties have a 50B intake clerk or victim advocate who will hand you a packet that includes AOC-CV-303 plus the Civil Summons (AOC-CV-100), the Identifying Information form (AOC-CV-312), and the DVPO Summons (AOC-CV-317). Use the packet rather than printing piecemeal, because counties sometimes attach local cover sheets.

You can fill out the form by hand in blue or black ink or type into the fillable PDF using free Adobe Reader. North Carolina’s eFiling portal, File & Serve, now accepts 50B filings in pilot counties such as Wake, Mecklenburg, and Chatham, but most counties still require in-person filing so the verification can be witnessed live. If you have a disability that prevents you from coming to the courthouse, call the clerk and ask about mobile notary or video verification options.

Step-by-Step: How to Fill Out AOC-CV-303 Line by Line

The form runs four pages. Page 1 is the caption and the abuse allegations. Page 2 lists requested relief, including ex parte. Page 3 is more requested relief and the verification. Page 4 is reserved for the judge’s order. Number every entry exactly as it appears on the printed form, and never leave a checkbox half-marked.

County (Top Caption)

This field asks which North Carolina county the case is filed in.

Write the county name in all capital letters in the blank above the words “In The General Court Of Justice.” Use the county where you live, where the defendant lives, or where the most recent act of domestic violence happened, as allowed by N.C.G.S. § 50B-2(a). For example, MECKLENBURG if you live in Charlotte.

A common edge case is when you fled across county lines to a shelter. You can still file in the county where the abuse happened, but filing where you now live is usually faster because the sheriff there will serve the defendant.

The most common mistake is writing the city instead of the county, which forces the clerk to reject the filing. The misconception is that you must file in the county where you were married; venue follows residence and where the abuse occurred, not the marriage license.

File No.

This field asks for the case number the clerk will assign.

Leave it blank when you walk in. The clerk stamps a number like 26 CVD 4821 on intake, where 26 is the year, CVD means civil district, and the digits are sequential.

If you are amending a complaint that was already filed, copy the existing file number exactly. Filing a second 303 with a blank file number creates a duplicate case that can confuse the sheriff.

The mistake to avoid is writing your driver’s license number or Social Security number in this box; some filers think any number goes there. The misconception is that you assign the number yourself, but only the clerk can.

Name And Address Of Plaintiff

This field asks for your name and where the court can reach you safely.

Write your full legal name first, last, and middle initial on the top line. Below it, list a mailing address you check regularly. You may use a shelter address, a P.O. box, or an Address Confidentiality Program substitute address.

If you fear the defendant will see the file, ask the clerk about sealing your address under N.C.G.S. § 50B-3(a1). The clerk can redact your address from the public copy.

The mistake to avoid is listing the home you share with the defendant; that signals you are still there and can be used against you. The misconception is that you must list your real address; the law allows a confidential address for safety.

Name And Address Of Defendant

This field asks for the abuser’s full legal name and a location where they can be served.

Use the name on the defendant’s driver’s license or birth certificate. List a physical street address where the sheriff can hand-deliver papers, not a P.O. box, because Rule 4 of the Rules of Civil Procedure requires personal service. Add a workplace address if home service is unlikely.

For example, Marcus James Reed, 412 Pine Hill Drive, Apt. 3, Greensboro, NC 27405. Include hours when the defendant is usually home so the deputy can plan.

The most common mistake is using nicknames such as “Bubba” or “Big Mike,” which makes service unenforceable. The misconception is that the sheriff will track the defendant down anywhere; deputies serve only inside their county, and a wrong address means no service and no order.

Paragraph 1: Personal Relationship

This block asks how you and the defendant know each other.

Check every box that applies under N.C.G.S. § 50B-1(b). The choices include current or former spouse, person of the opposite sex you live or lived with as if married, parent and child, grandparent and grandchild, people who share a child, current or former household member, and current or former dating relationship.

For example, Maria Lopez checks both current spouse and parent of a child in common because she and the defendant married in 2018 and share a five-year-old.

A nuance: same-sex dating partners qualify under the household member prong even though the dating prong specifies opposite sex. The mistake is checking nothing because no single box feels exact; the judge needs at least one checked. The misconception is that one date counts as dating; courts look for a continuing relationship.

Paragraph 2: Acts of Domestic Violence

This block asks you to describe what the defendant did.

Check the boxes for the acts the defendant committed: attempted to cause or intentionally caused bodily injury, placed you or a family member in fear of imminent serious bodily injury or continued harassment that rises to the level of substantial emotional distress, or committed a sex offense. In the lined space below, write a short, factual narrative with dates.

For example, On 04/12/2026, defendant punched me in the face at our home, leaving a black eye. On 05/01/2026, defendant followed me to my car at work and threatened to kill me if I left. Stick to facts, not feelings or labels.

The mistake to avoid is writing pages of background; judges read hundreds of these and want recent specific acts. The misconception is that you need a police report to prove abuse, but your sworn statement is evidence.

Paragraph 3: Minor Children

This block asks about children who live with you or the defendant.

List every minor child by full name and date of birth, even if the child is not the defendant’s biologically. Check whether the child lives with you, the defendant, or both. The judge uses this to decide temporary custody under N.C.G.S. § 50B-3(a)(4).

For example, Jacob Lopez, DOB 06/15/2020, lives with Plaintiff. Include stepchildren if the defendant has access to them.

The mistake is leaving children off because “this is about me, not them.” Judges cannot grant child custody relief they do not know about. The misconception is that listing the children starts a custody case; the 50B order only grants temporary custody until a permanent custody order is entered.

Paragraph 4: Pending or Prior Court Cases

This block asks about other cases between you and the defendant.

Check yes or no, and if yes, list the county, file number, and case type. Examples include divorce, custody, child support, criminal charges, or a prior 50B. The judge wants to avoid contradictory orders.

For example, Wake County, 25 CVD 1142, Custody, pending.

The mistake is hiding a prior dismissed 50B; the defendant will raise it, and the judge will distrust you. The misconception is that criminal cases do not count; they do, especially assault charges.

Paragraph 5: Firearms

This block asks whether the defendant owns, possesses, or has access to firearms.

Check yes or no, list the type and location of guns if known, and note any threats with a weapon. Under N.C.G.S. § 50B-3.1, the judge can order surrender of firearms, ammunition, and gun permits if the defendant used or threatened a deadly weapon.

For example, Defendant owns a black 9mm handgun kept in the bedroom nightstand and pointed it at me on 04/12/2026.

The mistake is guessing about guns you have not seen; only list what you know firsthand or have been told. The misconception is that hunting rifles are exempt; all firearms can be ordered surrendered.

Paragraph 6: Requested Relief (Page 2 Checkboxes)

This block asks the judge to grant specific protections.

Check every box you want, including no contact, stay-away from home/work/school, possession of the residence, possession of a vehicle, temporary custody, child support, spousal support, surrender of firearms, and counseling. Under-asking is the single biggest pro se error.

For example, Aisha Brown checks no contact, stay-away from her workplace, exclusive possession of the apartment, and temporary custody of her two children.

The mistake is checking only “no contact” because it sounds enough; you lose the chance for housing and custody if you do not check those boxes. The misconception is that the judge will add relief on their own; the court can grant only what is requested.

Block #2: Ex Parte Order Request

This block at the bottom of page 2 asks for an emergency order before the defendant is heard.

Check the Ex Parte box if there is a clear and present danger of acts of domestic violence. Be ready to testify briefly the same day. The judge can issue an order under N.C.G.S. § 50B-2(c) that lasts until the ten-day return hearing.

For example, Maria checks ex parte because the defendant said “next time I’ll finish it” two days before filing.

The mistake is failing to check this box and then waiting two weeks for any protection. The misconception is that ex parte means permanent; it is temporary and expires at the next hearing.

Verification (Bottom of Page 3)

This block is your sworn signature.

Sign and date in front of the clerk, deputy clerk, magistrate, or notary. The signature line is above the verification language. The witness fills in the jurat below. Do not sign at home, because an unverified complaint cannot support an ex parte order under Rule 11 of the Rules of Civil Procedure.

For example, Maria Lopez signs in front of Deputy Clerk T. Hayes on 05/05/2026.

The mistake is signing before reaching the courthouse, which voids the verification. The misconception is that any notary will do; many counties require a court official.

Court’s Order (Page 4)

This page is for the judge, not for you.

Leave it blank. The judge will check findings, fill in relief granted, and sign. Plaintiffs who write here can have the form rejected.

The mistake is filling in proposed findings; judges write their own. The misconception is that filling it out helps the judge; it actually slows things down.

Three Filled-Out Examples Using Real Scenarios

Below are three named plaintiffs walking through AOC-CV-303 from start to finish. Use them as templates for your own facts, never as a script to copy.

Scenario 1: Maria Lopez, Married with One Child

Maria fled to her sister’s house in Mecklenburg County after her husband punched her on April 12, 2026, and threatened her on May 1, 2026.

Form Section What Maria Enters
County MECKLENBURG
File No. Left blank for clerk
Plaintiff Maria Lopez, c/o Safe Alliance, P.O. Box 220066, Charlotte, NC 28222
Defendant Carlos Lopez, 1402 Eastway Dr., Charlotte, NC 28205
Relationship Current spouse, parent of child in common
Acts of Violence Punched me 04/12/2026; threatened to kill me 05/01/2026
Children Jacob Lopez, DOB 06/15/2020, lives with Plaintiff
Firearms Yes, 9mm handgun in bedroom nightstand
Relief Requested No contact, stay-away from home and work, exclusive possession, temporary custody, firearm surrender
Ex Parte Checked
Verification Signed before deputy clerk 05/05/2026

Scenario 2: Aisha Brown, Former Dating Partner

Aisha dated the defendant for two years until October 2025. He has shown up at her Durham apartment three times in the last month.

Form Section What Aisha Enters
County DURHAM
File No. Left blank for clerk
Plaintiff Aisha N. Brown, 88 Holloway St., Apt. 12, Durham, NC 27701
Defendant Devon T. Hayes, 215 Liberty St., Durham, NC 27701
Relationship Former dating relationship of opposite sex
Acts of Violence Showed up uninvited 04/22, 04/29, 05/02/2026; pounded on door and yelled threats
Children None
Firearms Unknown
Relief Requested No contact, stay-away from home and workplace, counseling
Ex Parte Checked
Verification Signed before notary at courthouse 05/04/2026

Scenario 3: Janet Whitfield, Adult Child of Abusive Parent

Janet, age 32, lives with her father in Wake County. He has hit her twice in the last month and controls her bank account.

Form Section What Janet Enters
County WAKE
File No. Left blank for clerk
Plaintiff Janet R. Whitfield, 7 Glenwood Ave., Raleigh, NC 27603
Defendant Robert L. Whitfield, same address
Relationship Parent and adult child, current household member
Acts of Violence Slapped me 04/18/2026; shoved me into wall 05/01/2026
Children None
Firearms Yes, .22 rifle in hall closet
Relief Requested No contact, exclusive possession of residence, firearm surrender
Ex Parte Checked
Verification Signed before deputy clerk 05/03/2026

Marcus is another example used in the field section above for child custody nuances, and Sofia Reyes, a same-sex household member in Buncombe County, illustrates that the household-member prong reaches relationships outside the dating box.

How to File the Completed Form

You can file three ways: in person, by eFiling in pilot counties, or through a victim advocate who walks the papers in for you. Filing in person is still the most common because the verification must be witnessed and the ex parte hearing usually happens the same day.

For in-person filing, take the original plus three copies to the Clerk of Superior Court at the county courthouse. The address for each county is listed on the Find My Courthouse page. There is no filing fee under N.C.G.S. § 50B-2(a). Processing time is the same day for ex parte review; you usually see a judge within hours. Keep one file-stamped copy as your proof of filing.

For eFiling, log in to File & Serve if your county participates. Upload the signed PDF after a remote online notarization. There is no fee for 50B filings. Processing time is one business day for the clerk to docket, and you will receive an electronic file-stamped copy.

For mail filing, mail the original verified complaint to the Clerk of Superior Court in the chosen county. Mail is allowed but discouraged because the ten-day clock for an ex parte hearing does not start until the clerk dockets the case. Use certified mail with return receipt as proof of filing. There is no fee.

After filing, the clerk issues an AOC-CV-317 Summons and forwards the packet to the sheriff for service on the defendant under Rule 4. Service is free in 50B cases.

What Happens After You File

Within hours of filing, a district court judge reviews the ex parte request. If granted, the judge enters Form AOC-CV-304, the Ex Parte Domestic Violence Order of Protection, and sets a return hearing within ten days as required by N.C.G.S. § 50B-2(c). The sheriff serves the defendant and files a return of service.

At the ten-day hearing, both sides appear. If the judge finds that an act of domestic violence occurred, they enter Form AOC-CV-306, the final DVPO, which can last up to one year and can be renewed for up to two more years. The order is entered into the National Crime Information Center database so it is enforceable nationwide under the federal full faith and credit provision of VAWA.

If the defendant violates the order, the plaintiff can call 911 for arrest under N.C.G.S. § 50B-4.1, which makes violation a Class A1 misdemeanor and a federal offense in some cases. The plaintiff can also file a motion for civil contempt with the clerk.

Mistakes to Avoid When Filling Out the Form

Each error below has caused real plaintiffs to lose protection or wait weeks for relief. Read carefully before you sign.

  • Writing the city instead of the county in the caption. Consequence: clerk rejects the filing at intake.
  • Listing a P.O. box for the defendant. Consequence: sheriff cannot serve, no order issues.
  • Skipping the ex parte checkbox when there is real danger. Consequence: ten-day delay before any protection.
  • Leaving the personal relationship section blank. Consequence: judge dismisses for lack of jurisdiction.
  • Writing vague abuse like “he is mean”. Consequence: judge denies ex parte for lack of specific facts.
  • Forgetting to list minor children. Consequence: no temporary custody, defendant keeps access.
  • Hiding prior dismissed cases. Consequence: defense uses it to attack credibility.
  • Signing the verification at home. Consequence: complaint is unverified, ex parte is denied.
  • Filling in the judge’s order on page 4. Consequence: clerk returns the form for correction.
  • Under-checking requested relief boxes. Consequence: court cannot grant relief you did not ask for.
  • Listing your home address when you fear the defendant. Consequence: defendant learns where you fled.
  • Forgetting AOC-CV-312 identifying information. Consequence: sheriff cannot locate the defendant.

Do’s and Don’ts

A short rules sheet keeps your filing tight.

  • Do write in blue or black ink so copies scan cleanly at the clerk’s office.
  • Do use exact dates in MM/DD/YYYY format because judges reject narrative timelines.
  • Do check every relief box you might need; unchecked relief is denied relief.
  • Do ask the clerk about sealing your address under N.C.G.S. § 50B-3(a1).
  • Do bring a photo ID for the verification because the clerk must confirm identity.
  • Do request firearm surrender if any weapon was used or threatened, because it is the strongest deterrent.
  • Don’t file in a county with no connection to you, the defendant, or the abuse, because venue will fail.
  • Don’t exaggerate; one provable fact beats ten vague claims under Rule 11.
  • Don’t contact the defendant after filing because it undermines your fear claim.
  • Don’t miss the ten-day hearing because the ex parte order will dissolve.
  • Don’t sign the form before reaching the courthouse, because the verification must be witnessed.
  • Don’t rely on text messages alone; bring printed copies, since phones can be lost or wiped.

Pros and Cons of Filing on Your Own vs. With Help

Many plaintiffs file pro se and succeed, but help often produces stronger orders.

Pros of filing on your own:

  • Speed — you can be at the courthouse the morning after an incident.
  • No cost — there is no filing fee and no attorney bill.
  • Privacy — fewer people see your story.
  • Control — you decide what facts to include.
  • Empowerment — many survivors describe filing themselves as a turning point.

Cons of filing on your own:

  • Missed relief — pro se filers often forget custody, support, or firearm boxes.
  • Service problems — wrong addresses are common without an investigator.
  • Cross-examination — the defendant or their lawyer can rattle an unprepared plaintiff.
  • Evidence rules — pro se filers struggle to admit texts and photos correctly.
  • Appeal risk — mistakes in the record can hurt later challenges.

Free help is available from Legal Aid of North Carolina and from local domestic violence agencies listed by the North Carolina Coalition Against Domestic Violence.

Paper Filing vs. eFiling Comparison

A quick differentiator helps you choose a channel.

Filing Method What to Expect
In-person at clerk Same-day ex parte review, free, verification done on site, available in all 100 counties
eFile via File & Serve Available only in pilot counties, requires online notarization, one-day docketing delay, free

FAQs

Do I have to be married to the defendant to file AOC-CV-303?

No. Spouses, ex-spouses, household members, parents, children, grandparents, grandchildren, co-parents, and current or former dating partners all qualify under N.C.G.S. § 50B-1.

Is there a filing fee for a 50B complaint?

No. North Carolina law forbids charging plaintiffs for filing, service, or witness subpoenas in domestic violence cases.

How fast can I get an ex parte order after I file?

Yes, same day in most counties; a judge typically reviews ex parte requests within hours of the clerk docketing the complaint.

Do I write my full address in the Plaintiff box if I am hiding from the defendant?

No. You may use a shelter, P.O. box, or address confidentiality program address, and ask the clerk to seal your real address.

Should I leave the File No. box blank?

Yes. The clerk assigns the file number at intake; writing your own number creates duplicate-case problems.

Do I need to check every box in Paragraph 2 about acts of violence?

No. Check only the boxes that match what actually happened, and describe each act with a date in the lined narrative space.

Can I list children who are not the defendant’s biological kids?

Yes. List any minor child who lives with you or the defendant, because the order can protect stepchildren and grandchildren.

Do I have to know exactly what guns the defendant owns?

No. Describe what you know firsthand and write unknown for the rest; the judge can still order surrender based on threats.

Can I file in any North Carolina county?

No. Venue is the county where you live, where the defendant lives, or where the abuse occurred under N.C.G.S. § 50B-2(a).

Will the defendant see what I wrote?

Yes. The defendant gets a served copy of the complaint and any ex parte order, which is why a confidential mailing address is allowed.

Can I drop the case after filing?

Yes. You may dismiss voluntarily before the hearing, but the judge can still hold a hearing if the state has an interest.

Do I sign the form before going to the courthouse?

No. Sign only in front of the clerk, deputy clerk, magistrate, or notary, because an unverified complaint cannot support an ex parte order.

What if the defendant lives out of state?

Yes, you can still file, but service must follow long-arm rules and the order is enforceable nationwide under federal full faith and credit.

How long does the final DVPO last?

Yes, up to one year, and it can be renewed for up to two additional years under N.C.G.S. § 50B-3(b) on a motion filed before expiration.