North Carolina Judicial Branch

The so-called “jury duty scam” periodically makes its rounds in North Carolina, especially around the holiday season. Elderly North Carolinians are often targeted and particularly vulnerable to this scam, but anyone can be duped by the clever perpetrators. Members of the public have reported being scammed out of thousands of dollars. In reality, per North Carolina statute the penalty for disobeying a jury summons is currently $50.00 for each time a juror fails to appear.

The scam has evolved over the years, but the premise is usually the same. The caller will:

• Claim to be a judge or member of the court, local police, local sheriff's office, or a federal agency
• Often use the name of a real judge or officer obtained from a public source, and may even use a fake Caller ID of that office
• Often use details about you obtained from a public source
• Claim you have failed to appear for jury service or jury duty
• Claim you are in contempt of court or that a local or federal warrant has been issued for your arrest
• Claim that to avoid arrest and jail, you can pay a fine or bond typically requested in the form of a pre-paid debit or gift card, which makes it impossible to retrieve your money and difficult to track down the scammer
• Ask you to meet them at your local courthouse, police department, sheriff’s office, or some other location
• Convince you to stay on the phone with them while you purchase pre-paid debit and / or gift cards and read the numbers back to them to confirm the purchase
• Ask you to confirm your identity by soliciting personal information, including your name, birth date, Social Security number, credit card number, and other personal or financial information

If you receive such a call, HANG UP without providing any information about yourself or taking any action. Trust your instincts. If the call does not feel right, hang up and do not engage the caller. You may be pressured into staying on the phone to purchase a money order, pre-paid debit card, or gift card, but you should resist and hang up. If asked to do so, please do not leave your home or place of work to meet the caller at any location, including your local courthouse or sheriff’s office.

Report any suspicious calls (or emails) to your local Sheriff's Office. Victims may also report it to the N.C. Attorney General's Office or call 1-877-5-NO-SCAM.

You can confirm if you have been selected for jury service or failed to appear by contacting the clerk of superior court office in your county.

• In North Carolina, official jury summonses, as well as failure to appear notices, are always delivered to your home or post office box by first class mail.
• Court officials and law enforcement officers never make phone calls to threaten arrest or warn you of an impending arrest for failing to appear for jury service or any other infraction.
• These scam phone calls often occur in the evening, after courthouses have closed and employees have gone home for the night, which should be a red flag.
• Scammers obtain targets’ names, phone numbers, or addresses from phone directories or other public records and often call after working hours because they know they have a better chance of reaching their intended victims.
• Caller ID can be manipulated to appear as a local number or display the name and phone number of any agency or business, so don’t be fooled.
• Scammers often ask for payments of hundreds or thousands of dollars. The actual penalty for disobeying a jury summons is currently $50.00 for each time a juror fails to appear.
• If you have concerns, hang up and look up the courthouse phone number yourself (do not rely on any phone numbers provided by the caller) to verify with the jury coordinator or clerk of superior court’s office if you have, in fact, been summonsed for jury service or failed to appear.

Find more information about jury service and your local courthouse.

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At least every two years, a three-person Jury Commission for each county oversees the compiling of a master jury list of licensed drivers and / or registered voters. Names are drawn at random from this list. A jury summons is printed and issued to jurors by U.S. mail.

Qualified jurors must be

• Citizens of the United States
• Residents of the county where the summons was issued
• At least 18 years old 
• Physically and mentally competent
• Able to understand English

Qualified jurors must NOT

• Have served as a juror during the previous two years
• Have served a full term as a grand juror in the last six years
• Have been convicted of a felony (unless citizenship rights have been restored)

A jury summons is an official court summons. The court could hold you in contempt and / or impose a $50 fine for each time you fail to appear. If you lose your jury summons, contact the Clerk of Superior Court office in your county as soon as possible to obtain reporting information.

Procedures to request an excuse or deferral vary from county to county. Read your summons for specific instructions or you may find more information for jury service in your county through the dropdown list at the top of this page. Generally, you must contact the clerk of superior court office or the chief district court judge’s office if you want to be excused or defer your jury service. You must have a compelling reason why you cannot serve on the assigned date.

Any person summoned as a juror who is a full-time student at an out of state educational institution and who wishes to be excused or who is 72 years or older and who wishes to be excused, deferred, or exempted, may make the request without appearing in person by filing a signed statement of the ground of the request at any time five business days before the date upon which the person is summoned to appear.

Any person summoned as a juror who has a disability that could interfere with the person's ability to serve as a juror and who wishes to be excused, deferred, or exempted may make the request without appearing in person by filing a signed statement of the ground of the request, including a brief explanation of the disability that interferes with the person's ability to serve as a juror, at any time five business days before the date upon which the person is summoned to appear. Upon request of the court, medical documentation of any disability may be submitted. Any privileged medical information or protected health information described in this section shall be confidential.

If needed, find the Application for Excuse, Deferral, Exemption, and Disqualification from Jury Service form (AOC-G-400).

The Judicial Branch is committed to ensuring that individuals with disabilities have an equal opportunity to benefit from all court services, programs, and activities. If you require an accommodation to participate in jury service (not for an excusal or deferral), please let the court know as soon as possible prior to the date you are summoned to appear. This will allow sufficient time to make arrangements to accommodate your request. You may request a reasonable accommodation:

1. In person.
2. By contacting your county’s Disability Access Coordinator (DAC) by phone, letter, or email. You may email the DAC directly by emailing (CountyName)[email protected] (for example, [email protected]). You may find their name and phone number on this statewide list.
3. By completing the online Disability Access Request Form. The online form will send an email with your request details to your county DAC and a confirmation of your request to your email. The request will be received and processed by the local DAC.

Your jury summons provides the date, time, and place to report for jury duty. Check in with the jury staff when you arrive.

Bring reading materials to occupy your time. While efforts will be made to reduce delays and to avoid long waiting periods, some waiting time should be anticipated.

Dress comfortably, but not too casually. Dress for court in a manner that maintains the dignity of the court. For example, many judges do not allow anyone to come to court wearing halter or tank tops, cut-off jeans, or shirts with offensive wording and / or images. You will be acting as part of the court while serving as a juror, so dress appropriately. Wear layered clothing since courtroom temperatures may vary considerably.

The Clerk of Court will issue payment via pre-paid debit card or by check by U.S. mail a few days after your jury service concludes.

• Trial jurors receive $12 for the first day of service and $20 for each day thereafter. If you serve more than five days, you will receive $40 per day.
• Grand jurors receive $20 per day.

It is against the law for an employer to fire or demote an employee because he or she served as a juror or grand juror. However, the law does not require that the employee be paid in full while serving. Notify your employer as soon as you receive a jury summons and check with your employer regarding the payment policy for jury service. Read more in the Employers' Guide to Jury Service.

In smaller counties, your jury summons may tell you whether you are summoned for a criminal or civil session of court. In larger counties, several court sessions are held at the same time, so you may hear either criminal or civil matters. If you are seated for a trial, you must serve until the trial ends, which could be two days to several weeks. However, most jurors only serve for one or two days.

If a family emergency occurs while you are serving, you may be contacted through the Clerk of Court’s office or at an emergency number given to you by a bailiff. Court staff will make certain that you receive any emergency messages.

When you report to the courthouse, you may be required to watch a juror orientation video. Court staff will give you additional information. All jurors will take an oath. Once a trial begins and you are sworn in, you will be given a juror badge to wear until you are released by the judge. The judge will instruct you on your duties as a juror.

It is extremely rare for a jury to be sequestered or kept in a hotel during a trial. You should expect to go home at the end of each court day.

If you have trouble with the video, watch the orientation video on YouTube.

What is domestic violence?

Domestic violence is a pattern of abusive behavior within an intimate relationship intended to gain power and control over the victim. This can include physical violence, sexual abuse, threats, humiliation, constant criticism or name-calling, isolating the victim from others, or limiting the victim’s access to money, transportation, or employment. Both men and women can be perpetrators and victims of domestic violence.

I am a victim of domestic violence. What resources are available to me?

If you are in immediate danger, you should call 911. The National Domestic Violence Hotline is 1-800-799-7233 (SAFE).

What is a Domestic Violence Protective Order (DVPO)?

A Domestic Violence Protective Order, often called a “DVPO” or a “50B order,” is a court order that requires a perpetrator of domestic violence to stay away from the victim. Law enforcement can arrest the perpetrator on the spot for violating the order. In North Carolina, a “permanent” DVPO can last for up to one year, but can be renewed for up to two years at a time.

What do “plaintiff” and “defendant” mean?

A plaintiff is a person who files a case in civil court, including a protective order. A defendant is a person a court case is filed against.

Is a DVPO like a criminal conviction?

A DVPO is not a criminal conviction and does not appear on the defendant’s criminal record. However, all documents filed in the case are public record. A defendant can be arrested and criminally charged for violating a DVPO.

Who can file for a DVPO?

Anyone living in North Carolina, regardless of citizenship or immigration status, can file for a DVPO.

What type of relationship do I need to have with the perpetrator to file for a DVPO?

You can file for a DVPO against anyone with whom you have one of the following relationships: spouse or ex-spouse; a person who currently or previously lived with you or in the same household as you; a person with whom you have a child; a person of the opposite sex with whom you have had a dating relationship; or a parent, child, grandparent, or grandchild.

What if I don’t have a qualifying relationship with the perpetrator?

If you are a victim of sexual assault or stalking and do not have a relationship qualifying for a DVPO, you can file for a no-contact order, often called a “50C order,” against the perpetrator. The process for getting a 50C order is similar to the process for getting a DVPO. The main difference between the two orders is that the police will not arrest a defendant for violating a 50C order. Instead, 50C orders can be enforced by the judge holding the defendant in contempt of court. You can get the form needed to file for a 50C order from the clerk of court in your county or online here.

What kinds of domestic violence qualify for a DVPO?

In order to get a DVPO, the plaintiff needs to show that the defendant committed an act of domestic violence as defined by North Carolina law. The law provides for a judge to give a DVPO if the defendant intentionally committed one of the following acts against the plaintiff or a child in the plaintiff’s custody:

1. Causing or attempting to cause physical injury.
2. Placing in fear of “imminent serious bodily injury” (for instance, by pointing a gun).
3. Continued harassment, by committing at least two wrongful acts against the plaintiff with no legitimate purpose, and which causes “substantial emotional distress” (for instance, by calling 50 times per day, causing the victim significant fear and anxiety).
4. Sexual assault.

How do I file for a DVPO?

Local domestic violence agencies assist victims in filing for DVPOs. You can find your local agency here. In some counties, victims can file from the agency’s offices without needing to go to court. In these counties, victims have a videoconference with a judge. In other counties, victims begin the process by visiting the clerk of court’s office at their local courthouse to ask for the DVPO paperwork.

Some counties allow magistrates to grant emergency DVPOs outside of business hours, but others only grant DVPOs on business days when the courthouse is open. Your local domestic violence agency can give you more information about your county’s process.

The clerk will give you a copy of the DVPO paperwork. You can also find the complaint form online here.

Is there any charge to file for a DVPO?

No. Clerks of court provide the DVPO paperwork free of charge, and there are no court costs.

What is the process for getting a DVPO?

First, the plaintiff (the person filing the case) fills out the DVPO paperwork and gives it to the clerk of court. A judge then holds an “ex parte hearing,” which is a short conversation between the judge and the plaintiff. The judge will ask the plaintiff what acts of domestic violence the defendant committed. If the judge finds that the defendant (the person the case was filed against) committed domestic violence, the judge will grant an “ex parte order.” This is a short-term DVPO that lasts until the next hearing. The judge will include the date for the next hearing on the order.

Next, the sheriff must “serve” the defendant, by personally delivering a copy of all court paperwork, including the complaint filled out by the plaintiff and the ex parte order. The case can move forward only after the defendant has been served.

On the hearing date, the judge will expect to see both the plaintiff and defendant in court. The judge may ask the plaintiff if he or she wants to move forward with the case, and the defendant if he or she wants to consent to the order. If the plaintiff wants the DVPO for one year and the defendant does not consent, the judge will hold a trial to decide if the DVPO should be granted. Both parties can present evidence, including witnesses and documents, about whether the defendant committed an act of domestic violence against the plaintiff.

What is the difference between civil and criminal domestic violence court?

In most counties, civil and criminal courts are separate, so there may be two court dates related to the same incident: one to determine if the defendant is criminally responsible and to decide on any consequences, such as jail time or probation, and a separate court date for the DVPO. In other counties, civil and criminal domestic violence courts are combined and the judge will decide on the criminal case and the DVPO at the same time.

What if the plaintiff doesn’t go to court on the hearing date?

The plaintiff’s request for a DVPO will usually be dismissed if the plaintiff is not in court on the hearing date. However, in some circumstances the case may be “continued,” or rescheduled for a different date.

What if the defendant hasn’t been served by the hearing date?

The judge cannot decide on the one-year DVPO until after the defendant is served. If the plaintiff wishes to move forward with the case, it will be “continued,” or rescheduled for another date, until the sheriff is able to serve the defendant.

What if the defendant doesn’t go to court on the hearing date?

Because DVPO cases are civil, not criminal, the defendant will not be arrested for failing to appear in court for a DVPO. If the defendant has been served but is not in court on the hearing date, the judge can hear the plaintiff’s case and decide whether to grant a one-year DVPO without hearing from the defendant.

I filed a DVPO but want to dismiss it. What can I do?

You can file a dismissal form in the clerk of court’s office before the hearing date, or tell the judge in court that you want to dismiss your case. The clerk of court can give you a copy of the dismissal form, or you can find it online here.

I missed court and my case was dismissed, but I still want a DVPO. What can I do?

When a plaintiff does not appear in court, the judge will usually dismiss the case for “failure to prosecute.” If this happens, you can begin the process again by filing a new case for a DVPO.

Can a defendant agree to the DVPO?

Yes. If the defendant agrees to the DVPO, both parties and the judge can sign the order without a trial. This order is binding and has the same legal effect as if the judge had held a trial. Hiring an attorney can allow parties to negotiate an order that meets their needs.

Can I get a continuance?

Each party may ask the judge for a “continuance,” or a rescheduled court date, for “good cause,” such as for the opportunity to hire an attorney or to bring evidence or witnesses to court. However, North Carolina law limits the circumstances under which a judge can give a continuance in a DVPO case, so continuances may be granted more rarely than in other types of cases. Plaintiffs and defendants should both be prepared to present their case on their court date.

Can the judge give both parties a DVPO against each other?

The judge can only do this if both parties have filed for a DVPO, and only under certain specific circumstances.

What type of evidence do I need in domestic violence court?

The testimony of the plaintiff and of the defendant is evidence. Both parties also have the right to bring additional evidence, including witnesses, pictures, documents, or recordings. You should bring all evidence and witnesses that you have to court with you. Once the hearing begins, you will not have the opportunity to stop the hearing to get additional evidence or witnesses. An attorney can discuss with you the evidence needed to prove your case.

What can a DVPO include?

DVPOs typically require that the defendant have no contact with the plaintiff and stay away from places such as the plaintiff’s home, school and workplace. DVPOs can also include specific requirements depending on the circumstances of the case. In some circumstances, judges may decide additional issues, such as who can stay in the home or use a shared car while the DVPO is in effect.

What can the judge decide about child custody in domestic violence court?

If the parties do not already have a child custody order, the judge can decide on temporary custody of the parties’ children, including joint custody or visitation. This decision can only last for up to one year, and is replaced by any child custody order given in family court.

Can I represent myself in civil domestic violence court?

The process of filing for a DVPO is designed to be accessible to people representing themselves. However, court officials, such as judges and clerks of court, cannot provide you with legal advice about your rights and obligations or the likely outcome of your case based on your situation. If you represent yourself in court, you will be held to the same rules of procedure and evidence as a licensed attorney.

How do I get Legal Aid representation?

Legal Aid of North Carolina is a statewide nonprofit organization that represents some victims in DVPO cases. You can apply for Legal Aid representation either through your local domestic violence agency, by calling 1-866-219-5262, or by applying online.

Can I get a court-appointed attorney to represent me?

No. The court does not appoint attorneys to represent parties in civil domestic violence cases. See the Find an Attorney Help Topic for information about how to find a private attorney to represent you in your case.

I have a DVPO against someone else, and that person has violated the order. What can I do?

If you are in immediate danger, you should call 911. Violation of a DVPO is a crime, and you can take out charges either by calling the police or by visiting the magistrate. If there are no criminal charges for the violation, a judge can hold the defendant in contempt of court for violating a court order. To begin this process, you can file a “Motion for Order to Show Cause.” The clerk of court can provide a copy of the form, which can also be found here.

Someone else has a DVPO against me, and that person has violated the order. What can I do?

A DVPO is an order against the defendant, not the plaintiff, and so it is not generally a crime for the plaintiff to contact the defendant. However, the plaintiff may be held in contempt of court for violating a provision that applies to both parties, such as a temporary child custody order.

I have a DVPO from another state. Do I need to do anything?

Law enforcement in North Carolina can enforce out-of-state DVPOs, and registration of orders is not required. If you choose to register an out-of-state order in North Carolina, you can do so with the following form.

How do I file to renew a DVPO?

You can file a motion to renew a DVPO in the clerk’s office in the county where the original case was decided. This motion must be filed before the DVPO expires. The clerk will provide a Motion to Renew, or you can find the form online here. A copy of the motion must be mailed to the defendant at his or her last known address, and the clerk of court will set a hearing date.

What are the requirements to renew a DVPO?

A judge must find that there is “good cause” to renew the DVPO. This does not require a new act of domestic violence. If the defendant appears in court and does not agree to the renewal, the judge will hold a hearing on whether there is good cause.

How long can a renewal last?

The judge can renew a DVPO for up to two years. There is no limit to the possible number of renewals, but a judge must find good cause each time.

There is a DVPO in my case, and I want to change it. What can I do?

You can file a motion to modify with the clerk’s office. The clerk will give you the form, or you can find it here. A copy of the motion must be mailed to the other party, and the clerk of court will set a court date for a judge to decide on the modification.

There is a DVPO in my case, and I want the judge to cancel it. What can I do?

You can file a motion to set aside with the clerk’s office. The clerk will give you the form, or you can find it here. A copy of the motion must be mailed to the other party. The clerk of court will set a court date for a judge to decide whether to grant the motion. You must present legal grounds to set aside the order, not simply the fact that you want the order set aside.

Certified Background Check (Single County) for Yourself or Others by Clerk of Superior Court OfficeRequest a certified criminal record search by name for yourself or others in a single county through the clerk of superior court office at the courthouse. Note: This search only checks the court records in that one county. It is not a statewide record search.

Fill out and print Form AOC-CR-314, and submit to the clerk’s office with the fee of $25 via

• Mail: Money order or certified check accepted (personal checks are not accepted)
• In person: Credit card, cash, money order, or certified check accepted
   

Self-Service Non-Certified Background Check for Yourself or Others at Any CourthouseSearch, view, or email criminal records for yourself or others in any county or statewide without charge using the public access computers available in the clerk’s office at any courthouse. Note: This search is not certified, and printing charges may apply.

For eCourts counties: You may search Portal online for case information and court records by name, case number, attorney, and more. Individuals performing background checks should use the county clerk's office for doing so, not Portal.
  

Other OptionsN.C. State Bureau of Investigation (SBI) Statewide Background Check for YourselfThe SBI provides a non-certified, statewide criminal record search for yourself with the submission of your fingerprint card, form, and fee. This is also known as your Right to Review your North Carolina record.
 
Third-Party Vendors Background Check for Yourself or OthersUnofficial record checks may be conducted through third-party companies that will sell information to you. Each company has its own set charges. The N.C. Administrative Office of the Courts (NCAOC) lists companies that obtain information from the NCAOC on an ongoing basis pursuant to a licensing agreement. The records that the NCAOC provides to the companies are accurate reflections of the data in the databases of the clerks of court, but the NCAOC cannot guarantee that the information the companies provide to their customers is current or accurate. View the list of companies.

Remote Public Access to N.C. Court DataOngoing access to criminal and civil court data in all N.C. counties is offered through the N.C. Administrative Office of the Courts’ (NCAOC) Remote Public Access program (RPA). RPA licensees may obtain real-time access or bulk data extracts.

• Conduct statewide criminal background checks and civil searches
• Convenient access to information from your office,  business, or agency
• Examples available include: criminal records (check pending cases, verify prior convictions), infractions, tax liens, evictions, or judgments
• Real-time access
  • Provides same real-time information as the public access computers at any courthouse
  • Ensures that data obtained accurately reflects that of the N.C. clerks' offices, thus reducing the likelihood of violations of the Fair Credit Reporting Act

Find more information, as well as costs and connectivity details, about obtaining Remote Public Access.

Other Options

N.C. State Bureau of Investigation (SBI) Statewide Background Check for EmployeesIf you or your business have specific statutory authority to obtain criminal history background checks for employees, find more information, forms, and process details from the SBI.

Third-Party Vendors Background Check for BusinessesUnofficial record checks may be conducted through third-party companies that will sell information to you. Each company has its own set charges. The N.C. Administrative Office of the Courts (NCAOC) lists companies that obtain information from the NCAOC on an ongoing basis pursuant to a licensing agreement. The records that the NCAOC provides to the companies are accurate reflections of the data in the databases of the clerks of court, but the NCAOC cannot guarantee that the information the companies provide to their customers is current or accurate. View the list of companies.