North Carolina Form AOC-CV-304 is the Motion and Order Continuing/Modifying Domestic Violence Protective Order, the court paper a plaintiff or defendant files in district court to ask a judge to renew, extend, or change the terms of an existing 50B Domestic Violence Protective Order before it expires. The form is published by the North Carolina Administrative Office of the Courts (AOC), and the most common revision date in active use is the Rev. 3/2023 version, which you should confirm at the top of the PDF before filing.
The form sits at the center of Chapter 50B of the North Carolina General Statutes, and getting it wrong can mean the existing protective order lapses at midnight on its expiration date, leaving a survivor without legal protection. According to the North Carolina Judicial Branch’s annual statistical reports, more than 32,000 Chapter 50B actions are filed in the state each year, and a meaningful share of those involve renewal or modification motions filed on AOC-CV-304.
Here is what you will learn in this guide:
- 📝 How to complete every box, line, and signature block on AOC-CV-304 line by line
- ⏰ The exact deadline trap that causes most renewal motions to fail
- 👨⚖️ How a district court judge reads “good cause” and what to write so the judge grants the motion
- 🛡️ How to keep firearm surrender, custody, and no-contact provisions intact during a renewal
- 📂 Three real scenarios — a survivor renewing protection, a parent adding children, and a defendant modifying terms
What the Form Is and Who Must File It
Form AOC-CV-304 is the official motion used in North Carolina district court to continue (renew) or modify a Domestic Violence Protective Order (DVPO) that was originally entered on Form AOC-CV-306. The motion is filed in the same county and the same case number as the original 50B action, and it is heard by a district court judge under the rules in N.C.G.S. § 50B-3(b). The judge can renew the order for a fixed period of up to two years, or for the lifetime of the defendant in rare cases involving certain prior felonies under § 50B-3(b1).
Anyone who is a party to the original DVPO can file this form. That means the plaintiff (the person the order protects) can ask to extend the order, add new protections, or tighten its terms. The defendant (the person restrained by the order) can also file the same form to ask the judge to loosen the order, remove provisions, or terminate it early. In practice, the North Carolina Coalition Against Domestic Violence reports that the overwhelming majority of AOC-CV-304 filings come from plaintiffs seeking renewal as their one-year DVPO nears its expiration date.
This form is not the same as the original Complaint and Motion for DVPO (AOC-CV-303). Filing AOC-CV-303 starts a brand-new 50B case. Filing AOC-CV-304 keeps the existing case alive. Mixing those two up is one of the most common procedural mistakes pro se filers make, and it can cost the plaintiff weeks of protection while a new case is processed.
Before You Start: Documents and Information You Need
Before you open the PDF, gather every piece of paper, ID, and date you may need to enter on the form. Walking into the Clerk of Superior Court’s office without these items is the single biggest reason 50B renewal motions get bounced back. Use the NC Judicial Branch forms portal to download the most current revision before you start writing on it.
Here is the pre-filing checklist with at least eight items every filer needs:
- The original DVPO (AOC-CV-306). You need the file-stamped copy that shows the case number, the judge’s signature, and the expiration date. Without it, the clerk cannot match your motion to the right case file, and your filing may be rejected at the counter.
- The original Complaint (AOC-CV-303). Pulling this from your home file helps you copy names, addresses, and the county exactly as they appeared on the original filing. A name mismatch — even a missing middle initial — can delay service.
- The case file number. This appears in the upper right corner of every prior filing as a string like 23 CVD 4521. The clerk uses this number to retrieve your file, and an incorrect number sends the motion to the wrong file.
- A government-issued photo ID. Some clerks require ID to confirm you are the named party. Without ID, a clerk may refuse to file-stamp the motion in person.
- The defendant’s current address. The sheriff needs a valid address to serve the motion and any new order. A bad address means the defendant is never served, and an unserved motion cannot be heard.
- A written list of new incidents, threats, or violations. Dates, times, locations, and witnesses for each event since the original DVPO was entered. The judge needs specifics — vague claims like “he kept bothering me” rarely meet the “good cause” standard.
- Copies of police reports, 911 logs, texts, voicemails, photos, or medical records. These are your evidence at the renewal hearing. Missing evidence often means the motion is denied even when the underlying facts are strong.
- Children’s full legal names and dates of birth. If the original order covered minor children, or if you want to add children, you must list them exactly as they appear on birth certificates.
- Firearm information, if applicable. Note the original firearm surrender provisions and whether the defendant has complied. The federal firearm prohibition under 18 U.S.C. § 922(g)(8) attaches to qualifying DVPOs, and the renewal preserves it.
- Proof of service of the original order. The Return of Service (AOC-CV-313) shows the defendant was properly served, which is a prerequisite to any renewal.
Where to Get the Form and How to Access It
The official, fillable PDF of AOC-CV-304 lives on the NC Courts forms page for AOC-CV-304. You can download it for free, type into it on a computer, and print it for filing, or print a blank copy and complete it by hand in black ink. The Clerk of Superior Court in every North Carolina county also keeps stacks of blank forms behind the counter, and a clerk will hand you one if you ask.
You can also access the form through the eCourts File & Serve portal in counties where eCourts is live, including Wake, Mecklenburg, Lee, Harnett, Johnston, and an expanding list of others. In eCourts counties, the motion can be filed electronically through Odyssey File & Serve, and the form auto-populates the case caption from your prior filings. In counties still on the legacy paper system, you must file in person or by mail with the Clerk of Superior Court in the county where the original DVPO was entered.
Domestic violence advocates at local nonprofits and at the courthouse-based domestic violence resource centers will often help you find, print, and complete the form for free. Legal aid organizations like Legal Aid of North Carolina provide statewide help, and InterAct of Wake County and similar nonprofits in other counties give in-person help at courthouses on hearing days.
Step-by-Step: How to Fill Out AOC-CV-304 Line by Line
The form is two pages. The top half of page one is the Motion filled out by the moving party. The bottom half of page one and page two are the Order filled out by the judge. You only complete the Motion section. The judge handles the Order. Below is each field on the Motion, in the exact order it appears on the form.
Caption: County
The form’s first box at the very top asks for the County in which the original DVPO was entered. Type or print the county name in all capital letters, with no punctuation, exactly as it appeared on AOC-CV-306. For example, WAKE or MECKLENBURG.
If the case was filed in Wake County, you write WAKE — never Wake Co. or Wake County. The form already prints the words “County” elsewhere, so you only enter the bare name. A common edge case: if you have moved to a new county since the original DVPO, you still file in the original county. Venue stays with the original case.
The most common mistake here is writing the county where the filer now lives instead of the county of the original DVPO. The consequence is severe — the clerk in the new county cannot file the motion against a case file that lives elsewhere, and your motion is rejected. A common misconception is that the case “moves” with the plaintiff. It does not. The 50B case stays in its original county for the life of the order.
Caption: File Number
The File No. box in the upper right asks for the case number assigned when the original 50B action was filed. Copy the number exactly as it appears on AOC-CV-303 or AOC-CV-306, in the format YY CVD #####, where YY is the two-digit year, CVD stands for Civil District, and the number is the sequential case number.
For example, 24 CVD 7812 means the 7,812th civil district case filed in that county in 2024. Always double-check the number against the file-stamped copy of your original order — a single transposed digit sends your motion to the wrong file.
The most common mistake on this line is writing the case number from a related criminal matter (e.g., a 24 CR number from a related assault charge). The consequence is that your motion lands in a criminal file where the district court civil judge has no jurisdiction to renew a DVPO. A frequent misconception is that “any case number from this defendant” will work. It will not. Only the CVD number from the original 50B action retrieves the right file.
Caption: Plaintiff and Defendant Names
The Name Of Plaintiff and Name Of Defendant boxes ask for the full legal names of both parties as they appeared on the original DVPO. Write each name in all capital letters, in FIRST MIDDLE LAST order, exactly as it appeared on AOC-CV-303. Do not use nicknames, initials only, or married names if the original order used a maiden name.
For example, if Maria Elena Lopez filed the original DVPO under that exact name, the renewal motion lists MARIA ELENA LOPEZ as Plaintiff. If she has since married and changed her last name, she still writes MARIA ELENA LOPEZ on the renewal — the case name does not change mid-stream without a separate motion to amend.
A common mistake is using a married name on the renewal when the original order used a maiden name. The consequence is a clerical mismatch that delays service and can cause the sheriff to question whether the right person is filing. A frequent misconception is that the form is asking for the name “you go by now.” It is not. It is asking for the name on the original case caption.
Motion Box 1: Identifying the Existing Order
Box 1 of the Motion section reads: “The undersigned moves the Court to ___ continue ___ modify the Domestic Violence Protective Order entered in this action on _____.” You check continue if you want to renew or extend the order, modify if you want to change its terms, or both if you want to renew and change at the same time. Then you enter the date the original DVPO was entered, in MM/DD/YYYY format.
For example, if Maria’s one-year DVPO was entered on March 14, 2025, she checks continue and writes 03/14/2025 in the date blank. If she also wants to add a new no-contact provision protecting her workplace, she checks both continue and modify.
The most common mistake here is leaving the date blank or guessing. The consequence is that the judge cannot identify which order is being renewed, and the motion is set for a “show cause” review that delays the hearing past the expiration date. A common misconception is that the date should be the date the DVPO expires. It is not — it is the date the DVPO was originally entered.
Motion Box 2: Grounds for Continuance (“Good Cause”)
Box 2 is the heart of the motion. It asks the moving party to state the good cause for renewal or modification under N.C.G.S. § 50B-3(b). The form provides several lines for you to write a short, factual summary of the new threats, contacts, violations, or changed circumstances that justify the request. You do not need to prove a new act of domestic violence — the statute only requires “good cause.”
For example, Maria writes: “Defendant violated the no-contact order on 09/02/2025 by appearing at Plaintiff’s workplace; Wake County Sheriff Incident #25-44120. Defendant sent threatening texts on 11/14/2025 and 12/03/2025, copies attached. Plaintiff remains in fear for her safety and the safety of the minor children.” That is concrete, dated, and tied to evidence.
A nuance: under State v. Poole and other appellate decisions, North Carolina courts have held that good cause does not require a new act of physical violence. Continued fear, ongoing harassment, or the defendant’s failure to complete batterer-intervention programs can each support renewal. The most common mistake is writing vague, undated complaints like “He still scares me” — that almost always fails. The direct consequence is denial of the renewal and expiration of all current protections. The big misconception is that you must prove a new assault. You do not.
Motion Box 3: Specific Modifications Requested
If you checked modify in Box 1, Box 3 asks you to list the specific changes you want the judge to make. Use clear, numbered statements. Examples include adding a child to the order, adding a workplace or school as a protected location, modifying custody or visitation provisions, ordering firearm surrender, or extending the no-contact distance.
For example, Marcus, a defendant filing his own AOC-CV-304, writes: “Defendant requests modification of the visitation provision to allow supervised visitation with the minor child every other Saturday at the Wake County Family Visitation Center.” That is specific, neutral, and easy for the judge to grant or deny.
A nuance: any modification that loosens protections (more visitation, return of firearms, contact for co-parenting) faces a high bar. Any modification that tightens protections is easier to obtain when paired with evidence. The most common mistake is asking for modifications that the court has no authority to grant under Chapter 50B (e.g., asking for child support, which belongs in a separate Chapter 50 case). The consequence is denial of those specific requests. A common misconception is that the judge can fix any related family-law issue in this motion. The judge cannot — Chapter 50B is narrow.
Motion Box 4: Date of Original Order Expiration
Box 4 asks for the expiration date of the existing DVPO, in MM/DD/YYYY format. Look at the bottom of AOC-CV-306 for the exact date. The judge uses this date to confirm the motion is timely under § 50B-3(b), which requires the renewal motion to be filed before the order expires.
For example, if Maria’s order expires on March 13, 2026, she writes 03/13/2026 in Box 4. She must file her motion no later than March 12, 2026 — and ideally several weeks earlier — to allow time for service and a hearing.
The most common mistake is filing the motion after the expiration date. The consequence is fatal — once a DVPO expires, it cannot be “renewed.” The plaintiff must start over with a brand-new AOC-CV-303 complaint, which means proving a new act of domestic violence from scratch. A frequent misconception is that there is a “grace period.” There is not. Midnight on the expiration date ends the order.
Motion Box 5: Length of Renewal Requested
Box 5 asks how long you want the renewal to last. Under N.C.G.S. § 50B-3(b), a DVPO can be renewed for a fixed period of up to two years at a time. You write the number of months or years you are asking for in the blank. Most plaintiffs ask for the full two years.
For example, Maria writes two (2) years in the length blank. If she had a strong case for a longer renewal — say, evidence of repeated stalking — her attorney might ask for the maximum.
A nuance: under § 50B-3(b1), the court can issue a permanent (lifetime) DVPO if the defendant has been convicted of certain violent felonies against the plaintiff, but that is rare. The most common mistake is leaving Box 5 blank and assuming “the judge will pick a length.” The consequence is a one-year default that may shortchange the plaintiff. A misconception is that asking for two years signals greed; it does not — two years is the statutory norm.
Signature, Date, and Address Block
At the bottom of the Motion section, the form requires the signature of the moving party (or attorney), the date signed in MM/DD/YYYY format, the printed name, the street address, the city, state, and ZIP, and the telephone number of the signer. If the plaintiff is using a confidential address program like the NC Address Confidentiality Program, the ACP substitute address goes here — never the home address.
For example, Maria signs the form, writes 01/12/2026 as the date signed, prints MARIA ELENA LOPEZ, and lists the ACP address PO Box 29622, Raleigh, NC 27626. Her cell phone number completes the block.
The most common mistake is writing the home address when an abuser has been served at that address. The consequence is that the abuser sees the address on the served motion. A common misconception is that the address has to be a residential street address. It does not — a P.O. Box, a workplace, an attorney’s office, or an ACP address are all permitted, and any of them protects the filer.
Verification (If Required)
Some judicial districts require the Motion to be verified — meaning the signer swears to the truth of the facts before a notary or the clerk. Read the bottom of the form carefully for a notary block. If present, do not sign the form until you are in front of a notary or clerk authorized to administer oaths.
For example, Maria walks into the Wake County Clerk of Superior Court’s office, presents her ID, signs the motion in front of a deputy clerk, and the clerk stamps the verification. The clerk does not charge a fee for this in 50B matters.
The most common mistake is signing at home before a notary visit. The consequence is that the clerk will refuse to file-stamp the motion until you re-sign in front of a notary. The misconception is that the signature block is “good enough.” It is not — verification, where required, is a separate sworn act.
Three Filled-Out Examples Using Real Scenarios
Below are three scenarios that walk three named filers through AOC-CV-304 from start to finish. Each scenario uses a 2-column table to show what the filer enters in each major section.
Scenario 1: Maria Lopez Renews a One-Year DVPO Before Expiration
Maria has a one-year DVPO expiring March 13, 2026. The defendant has violated the order twice and continues to send threatening texts. She files in Wake County two months before expiration.
| Form Section | What Maria Enters |
|---|---|
| County | WAKE |
| File No. | 25 CVD 1184 |
| Plaintiff | MARIA ELENA LOPEZ |
| Defendant | JOSE ANTONIO RIVERA |
| Box 1 (Continue/Modify) | Checks continue; date entered: 03/14/2025 |
| Box 2 (Good Cause) | “Defendant appeared at Plaintiff’s workplace on 09/02/2025 (Wake SO #25-44120). Defendant sent threatening texts 11/14/2025 and 12/03/2025 (copies attached). Plaintiff remains in fear.” |
| Box 4 (Expiration) | 03/13/2026 |
| Box 5 (Length) | two (2) years |
| Signature/Date | Maria E. Lopez / 01/12/2026 |
| Address | PO Box 29622, Raleigh, NC 27626 (ACP) |
Scenario 2: Aisha Brown Modifies the Order to Add Her Two Children
Aisha’s six-month DVPO did not initially cover her two minor children because they were with her mother during the original incident. The children are now back in her care, and the defendant has shown up at the children’s school. She files an AOC-CV-304 in Mecklenburg County to add them.
| Form Section | What Aisha Enters |
|---|---|
| County | MECKLENBURG |
| File No. | 25 CVD 18402 |
| Plaintiff | AISHA MONIQUE BROWN |
| Defendant | DERRICK LAMAR HAYES |
| Box 1 (Continue/Modify) | Checks both continue and modify; date entered: 09/22/2025 |
| Box 2 (Good Cause) | “Defendant appeared at Park Road Elementary on 12/05/2025; CMPD Report #25-110982. Children are now in Plaintiff’s full custody and need protection.” |
| Box 3 (Modifications) | “Add minor children K.B. (DOB 03/04/2018) and J.B. (DOB 06/12/2020) to the order. Add Park Road Elementary, 3701 Park Rd, Charlotte, as a protected location.” |
| Box 4 (Expiration) | 03/22/2026 |
| Box 5 (Length) | two (2) years |
| Signature/Date | Aisha M. Brown / 01/20/2026 |
Scenario 3: Marcus Reed (Defendant) Modifies Visitation Terms
Marcus is the defendant in an active DVPO. He has completed a 26-week batterer-intervention program and wants supervised visitation with his daughter restored. He files AOC-CV-304 in Guilford County.
| Form Section | What Marcus Enters |
|---|---|
| County | GUILFORD |
| File No. | 25 CVD 6701 |
| Plaintiff | TANYA RENEE WALKER |
| Defendant | MARCUS DEVON REED |
| Box 1 (Continue/Modify) | Checks modify only; date entered: 07/15/2025 |
| Box 2 (Good Cause) | “Defendant has completed the New Hope BIP program (certificate attached). Defendant has maintained employment and stable housing for six months. Defendant requests limited supervised visitation with minor child.” |
| Box 3 (Modifications) | “Allow supervised visitation with minor child M.R. every other Saturday, 10am-2pm, at the Family Visitation Center, Greensboro. No other terms of the DVPO to be disturbed.” |
| Box 4 (Expiration) | 07/14/2026 |
| Box 5 (Length) | Not applicable — modification only |
| Signature/Date | Marcus D. Reed / 01/28/2026 |
How to File the Completed Form
Once the form is signed, you need to file it with the Clerk of Superior Court in the county where the original DVPO was entered. There are three filing channels in North Carolina, and each has its own steps, fees, processing time, and proof-of-filing.
In person at the courthouse. Bring the original signed motion plus two copies to the Clerk of Superior Court’s civil division. The clerk file-stamps all three, keeps the original, returns one copy for your records, and sends one copy to the sheriff for service. There is no filing fee for any 50B motion under N.C.G.S. § 50B-2(a), and there is no service fee charged to the plaintiff. Processing is same-day. Your file-stamped copy is your proof of filing.
By mail. Mail the original plus two copies, with a self-addressed stamped envelope, to the Clerk of Superior Court of the original county. Find the mailing address on the county courthouse directory. Processing time is typically 3–7 business days from receipt. The returned file-stamped copy in your envelope is your proof of filing. Mailing is risky for renewals near expiration because of mail delays.
Through eCourts File & Serve (electronic). In eCourts counties, go to Odyssey File & Serve, log in, select the existing 50B case, upload the completed AOC-CV-304 PDF, and submit. There is no filing fee. The system returns an electronic file-stamp typically within 24 hours and routes the motion to the sheriff for service. Save the e-filing confirmation as your proof of filing.
After filing, the sheriff serves the defendant with the motion and the notice of hearing. The hearing must be set before the original order expires. Bring all evidence, witnesses, and a copy of every prior filing to the hearing.
What Happens After You File
After you file AOC-CV-304, the Clerk of Superior Court schedules a hearing on the 50B calendar, which most counties run one or more days a week. The hearing is held in district court, before a judge, and is open to the public unless the judge orders otherwise. You will receive a Notice of Hearing showing the date, time, and courtroom.
The sheriff serves the defendant with the motion and the notice. Service must be completed before the hearing — usually at least 5 days before, depending on the local rule. If the defendant is not served in time, the judge typically continues the existing DVPO temporarily and resets the hearing to allow service. This is why filing several weeks before expiration matters.
At the hearing, both parties may present evidence and witnesses. The judge applies the “good cause” standard for renewals and a balancing test for modifications. If granted, the judge signs the bottom half of the form (the Order section) and the new terms take effect immediately. The clerk distributes copies to the plaintiff, defendant, sheriff, and the NC DCI/NCIC protective order registry, where the order is entered for law-enforcement access nationwide.
If the renewal is denied, the original DVPO still expires on its original date. The plaintiff’s only remaining option is to file a fresh AOC-CV-303 and prove a new act of domestic violence.
Mistakes to Avoid When Filling Out the Form
Below are the most common errors filers make on AOC-CV-304 and the direct consequence of each. There are more than ten because each field on the form is its own potential pitfall.
- Filing after the expiration date. Once the DVPO expires, the court has no order to renew, and the plaintiff must start a brand-new case.
- Using the wrong case number. A wrong number routes the motion to the wrong file, and the motion may not be heard before expiration.
- Filing in the wrong county. Venue stays with the original case; filing in a new county results in rejection.
- Confusing AOC-CV-304 with AOC-CV-303. Filing 303 starts a new case rather than renewing the existing one, and you lose the protections during the gap.
- Vague “good cause” statements. Language like “he still scares me” without specifics usually fails to meet the statutory standard, and the renewal is denied.
- Listing a residential address visible to the abuser. This re-exposes the survivor’s home location and undermines the safety the order is meant to provide.
- Forgetting to attach evidence. A bare motion with no police reports or texts is far weaker at the hearing, and the judge may deny the renewal for lack of proof.
- Leaving Box 5 (length) blank. A blank length often defaults to one year when two were available, shortchanging the plaintiff’s protection.
- Misidentifying minors by full name in Box 3. Use initials and dates of birth — full names of minors should be redacted in court filings under Rule 4 of the General Rules of Practice.
- Skipping verification when local rules require it. An unverified motion is rejected at the counter and must be re-signed in front of a notary.
- Mailing the motion close to the expiration date. Mail delays can cause the filing to land after expiration, killing the case.
- Using a married/changed name instead of the original case caption. The mismatch can delay service and confuse the clerk.
Do’s and Don’ts
Do’s
- Do file at least 30 days before the expiration date. Earlier filings allow time for service and ensure the hearing happens before the order lapses.
- Do attach every piece of evidence you have. Police reports, texts, photos, and witness statements all strengthen the “good cause” showing.
- Do use the ACP or another safe address. Protecting your address protects your physical safety.
- Do bring three copies of everything to the courthouse. One for the court, one for the defendant, and one for your records.
- Do call the courthouse-based DV advocate before the hearing. Free, confidential help is available statewide and improves outcomes.
- Do read the bottom half of AOC-CV-306 before filing. The exact original date and expiration date are critical to Boxes 1 and 4.
Don’ts
- Don’t fill in the Order section. That section is for the judge only — writing in it can void the form.
- Don’t use full names of minor children. Initials and dates of birth keep children’s identities safe in the public file.
- Don’t write argumentative opinions in Box 2. Stick to dated, factual events backed by evidence.
- Don’t sign the form before any required notary. A pre-signed verification is invalid and triggers a re-do.
- Don’t list a phone number you can no longer answer safely. The court uses this number for last-minute scheduling changes.
- Don’t assume the original order will be automatically extended. It will not — without a filed AOC-CV-304, the DVPO expires.
Pros and Cons of Filing on Your Own vs. With Help
Pros of filing pro se (on your own)
- No attorney fees. Self-filing keeps costs at zero, since 50B filings carry no court fee.
- You control the timeline. You file when you are ready, without coordinating with counsel.
- You know the facts best. No one can summarize the abuse history more accurately than the survivor.
- Forms are designed for self-filers. The AOC publishes plain-language instructions to make AOC-CV-304 usable without a lawyer.
- Court-based advocates fill the gap. Free advocates at most courthouses help with paperwork, safety planning, and hearing prep.
Cons of filing pro se
- You face evidentiary rules alone. Hearsay objections from a defense attorney can sink your case if you cannot respond.
- You may understate “good cause.” Lay filers often write too little or too generally to meet the legal standard.
- You handle service and scheduling alone. Tracking the sheriff’s return of service and deadlines adds stress.
- Cross-examination is hard. Questioning your abuser without a lawyer can be retraumatizing and tactically risky.
- Mistakes are costly. A single procedural error can mean expiration of the order and loss of all protections.
FAQs
Can I renew a DVPO after it has already expired?
No. Once a DVPO expires, there is no order left to renew. You must file a new AOC-CV-303 and prove a fresh act of domestic violence under N.C.G.S. § 50B-1.
Is there a filing fee for AOC-CV-304?
No. Chapter 50B filings carry no fee under N.C.G.S. § 50B-2(a), including the original complaint, renewals, and modifications. There is no service fee either.
How long can a DVPO be renewed for?
Yes, the court can renew up to two years under § 50B-3(b), and in rare cases involving prior qualifying felony convictions, a permanent order is possible under § 50B-3(b1).
Do I need a new act of domestic violence to renew?
No. “Good cause” — including ongoing fear, stalking, harassment, or violations — is enough. A new act of physical violence is not required.
Can the defendant file AOC-CV-304 to remove the order?
Yes. Either party may file the motion. Defendants commonly use it to seek modification of visitation, firearm, or no-contact terms.
Do I write my full address if my abuser does not know it?
No. Use a P.O. Box, an ACP substitute address, or your attorney’s address to keep your home address out of the served papers.
Should I check both “continue” and “modify” in Box 1?
Yes, if you want to renew the order and change a term at the same time. Otherwise, check only the box that fits your request.
What date goes in Box 1 — the entry date or the expiration date?
Yes, Box 1 takes the entry date of the original DVPO. The expiration date goes in Box 4.
Do I list my children’s full names in Box 3?
No. Use initials and dates of birth (e.g., K.B., DOB 03/04/2018) to protect minors in a publicly accessible court file.
Can I file AOC-CV-304 in a different county if I moved?
No. Venue stays with the county where the original DVPO was entered. Filing elsewhere will be rejected.
Do I need to be served with the renewed order?
Yes, the defendant must be served. The plaintiff already has the case. Without service on the defendant, the new order cannot be enforced.
Will the firearm surrender stay in place when I renew?
Yes, if the renewal continues the same protective terms. The federal prohibition under 18 U.S.C. § 922(g)(8) follows a qualifying renewed DVPO.
Can I add a workplace or school address in Box 3?
Yes. Adding specific protected locations is a common modification. List the full street address so law enforcement can act on it.
Do I have to appear at the hearing?
Yes. If the moving party fails to appear, the judge usually denies the motion. Plan transportation, child care, and time off in advance.
Related reading
- How to Fill Out North Carolina Form AOC-CV-100 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-220 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-303 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-402 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-622 (w/Examples) + FAQs
- How to Fill Out North Carolina Form AOC-CV-630 (w/Examples) + FAQs