Domestic Violence Filing Process

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ATTENTION: Use this form if the relationship between you or the person on whose behalf you are filing this complaint and the defendant is one of the following:
  • current or former spouse;
  • persons of the opposite sex who live or have lived together;
  • persons who have a child in common,
  • persons who are related as parent and child or grandparent and grandchild;
  • current or former household members; or
  • persons of the opposite sex who are in a dating relationship or have been in a dating relationship

 

STEP 1 – COMPLETING YOUR FORMS

  1. Complaint And Motion for Domestic Violence Protective Order (AOC-CV-303)
    You will need three (3) copies of this form. Fill out both copies that have been provided.

    Fill in:

    • Name of County: Where you intend to file the Domestic Violence Protective Order
    • Plaintiff’s Name: You are the plaintiff
    • Defendant’s Name and Address: Defendant is the party you are filing this action against.

    For the Remainder of the Complaint: READ CAREFULLY and then check the blocks and fill in the blanks which apply to the facts of your specific situation.

    If you would like the judge/magistrate to act immediately because you are afraid of  additional acts of domestic violence: Check block #2 on the back of page 1 in the middle, asking for an Ex Parte Order.

    Date and Sign the Complaint on the back ABOVE THE VERIFICATION SECTION. The verification section must be signed before a clerk, magistrate, or Notary Public.  There is a Notary Public on the first floor of the 26th Judicial District Building (832 E. Fourth St) in the Sheriff’s Office.

    Attention: Do NOT fill out the remainder of this form.

    If you and/or the defendant is/are under the age of eighteen (18) and NOT married: You must ask a member of the staff in the SelfServe Center for the form to appoint a guardian ad litem (AOC-CV-318), or have a parent or guardian complete the forms for you, and accompany you to court.

  2. Civil Summons Domestic Violence (AOC-CV-317)
    You will need three (3) copies of this form. Fill out both copies that have been provided.

    Fill in:

    • Name of County: Where you intend to file the Domestic Violence Protective Order.
    • Plaintiff’s Name and Address: You may give an address where you want your mail to go; your address does not have to be where you are living.
    • Defendant’s Name: Under the block designated “Defendant”.
    • Defendant’s Name and Address: In the block designated “Name and Address of Defendant”.

     
    Attention: Do NOT fill out the remainder of this form.

  3. Notice of Hearing on Domestic Violence Protective Order (AOC-CV-305)
    You will need three (3) copy of this form.

    Fill in:

    • Name of County: Where you intend to file the Domestic Violence Protective Order.
    • Plaintiff’s Name and Address: You may give an address where you want your mail to go; your address does not have to be where you are living.
    • Defendant’s Name: Under the block designated “Defendant”.
    • Defendant’s Name and Address: In the block designated “Name and Address of Defendant”.

     
    Attention: Do NOT fill out the remainder of this form.

  4. Ex Parte Domestic Violence Protective Order and Notice to Parties (AOC-CV-304)
    You will need one (1) copy of this form.

    Fill in:

    • Name of County: Where you intend to file the Domestic Violence Protective Order.
    • Plaintiff’s Name
    • Your Date of Birth: Found under “Plaintiff Identifiers”.
    • Provide the Name and date of Birth of Any Other Minor (Under the age of eighteen (18)) Family Members You Wish to Include in the Domestic Violence Protective Order
    • Provide the Name and date of Birth of Any Other Adult (Over the age of seventeen (17)) Family Members You Wish to Include in the Domestic Violence Protective Order: List under “Other Protected Persons”.
    • Defendant’s Name: Under the block designated “Defendant”.
    • Check the Box that describes the Defendant’s Relationship to You
    • Defendant’s Address
    • Complete Defendant Identifiers: Be as complete, accurate and descriptive as possible.

     
    Attention: Do NOT fill out the remainder of this form.

  5. Domestic Violence Order of Protection and Notice to Parties (AOC-CV-306)
    You will need one (1) copy of this form.

    Fill in:

    • Name of County: Where you intend to file the Domestic Violence Protective Order.
    • Plaintiff’s Name
    • Your Date of Birth: Found under “Plaintiff Identifiers”.
    • Provide the Name and date of Birth of Any Other Minor (Under the age of eighteen (18)) Family Members You Wish to Include in the Domestic Violence Protective Order
    • Provide the Name and date of Birth of Any Other Adult (Over the age of seventeen (17)) Family Members You Wish to Include in the Domestic Violence Protective Order: List under “Other Protected Persons”.
    • Defendant’s Name: Under the block designated “Defendant”.
    • Check the Box that describes the Defendant’s Relationship to You
    • Defendant’s Address
    • Complete Defendant Identifiers: Be as complete, accurate and descriptive as possible.

     
    Attention: Do NOT fill out the remainder of this form.

  6. Affidavit As To The Status Of The Minor Child (AOC-CV-609)
    Attention: You do not need this form unless you are asking for temporary custody of any children that may be involved.

    You will need only one (1) copy of this form. You must attach this completed form to the Complaint and give it to the clerk or magistrate with the other papers when you file your Domestic Violence Protective Order.

  7. Identifying Information About the Defendant (Mecklenburg County Sheriff’s Office Domestic Violence Questionnaire)
    You will need two (2) copies of this form. Fill out both copies that have been provided. Fill in All the Information: Be as complete and accurate as you can.


STEP 2 – FILING YOUR FORMS

UPON COMPLETION OF ALL FORMS, TAKE THEM TO THE CIVIL CLERK’S OFFICE (832 E. Fourth St., ROOM 3725) FOR FILING.

There is no filing fee associated with this action.

ATTENTION: After court hours in Mecklenburg County, you may take the completed forms to the Magistrate’s Office at the Mecklenburg County Jail (801 E. Fourth Street) on weekends and evenings.