Dec32025
Family Law Q&A Series

How can I legally regain access to the marital home if my spouse changed the locks after a restraining order was dismissed? – North Carolina

Short Answer

In North Carolina, if both spouses still have a legal right to the marital home and the domestic violence order has been dismissed, access is resolved in civil court, not by self-help. A locked-out spouse typically files in district court for temporary possession of the home (through a separation, divorce, or related action) and, if children are involved, seeks temporary custody and parenting time orders tailored to their best interests. Police usually will not force entry for a lock-out unless there is a new crime or protective order violation.

Understanding the Problem

The narrow question is whether, under North Carolina family law, a spouse can lawfully regain access to a marital home after a domestic violence restraining order has been dismissed and the other spouse has changed the locks. The scenario often includes no current protective order, both spouses still legally tied to the residence, and children reporting discomfort because of overnight guests. The core concern is how a spouse can restore access to the home and, at the same time, address custody and parenting-time issues using the proper North Carolina court process.

Apply the Law

Under North Carolina law, access to the marital residence and custody/parenting issues are handled through the district court, primarily under Chapter 50 (marriage and divorce) and Chapter 50B (domestic violence), not by unilateral self-help. When a protective order is dismissed, any exclusive-possession provisions usually end, and ongoing rights to occupy the home and to have the children there are determined in separation, divorce, or custody actions based on legal title, prior court orders, and the children’s best interests.

Key Requirements

  • Legal right to occupy the home: The spouse seeking access must have some legal interest or right (ownership, lease, or prior order) in the marital residence; otherwise, the issue is more like landlord–tenant or trespass.
  • Proper court action on the family case: To clarify or change who lives in the home, a party usually files or joins a Chapter 50 case (such as separation, divorce from bed and board, postseparation support, or equitable distribution) and asks the district court for temporary possession of the residence.
  • Custody and parenting orders based on best interests: Any request about children staying in the home, or concerns about overnight visitors, must be framed as a custody/visitation issue, decided on what is in the child’s best interests and, in emergencies, supported by evidence of substantial risk of harm.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the restraining order has been dismissed, so any exclusive-possession relief tied to that order likely ended with it. If the caller is still an owner or lawful tenant, there is a continuing civil right in the home, but self-help entry could create criminal trespass issues if the spouses are now living apart and one has ordered the other to stay away. Instead, the better route is to file in district court to address temporary possession of the home within a separation or similar Chapter 50 action, and to file a custody/visitation claim raising the children’s discomfort and any overnight-visitor issues as part of a best-interest analysis.

Process & Timing

  1. Who files: The spouse locked out of the home. Where: District Court, Civil Division, in the North Carolina county where the marital home or children are located. What: A Chapter 50 complaint (for custody and, if appropriate, separation/divorce-related relief) with motions for temporary custody/visitation and temporary possession of the marital residence; in urgent cases, a motion for emergency ex parte custody under the procedures in N.C. Gen. Stat. § 50-13.5. When: As soon as practical after the lock-out and after learning of overnight guests affecting the children.
  2. The court typically sets a temporary hearing date; in true emergencies with substantial risk of harm, a judge may review an ex parte custody motion quickly, often within days, and then schedule a return hearing on short notice. Timeframes can vary by county and local rules.
  3. The final step at this stage is a temporary order that addresses (1) who has possession of the home and on what terms, and (2) where the children live, each parent’s visitation schedule, exchange conditions, and any limits on overnight guests or other behavior in the home.

Exceptions & Pitfalls

  • If title or lease rights do not include the locked-out spouse, the court may treat access as a property and custody issue rather than automatically restoring entry rights to the residence.
  • Trying to force entry, change locks back, or remove belongings without a court order can trigger domestic criminal trespass charges, especially if the parties are living separate and apart and one has told the other to leave.
  • Calling law enforcement to “enforce” property access without an active protective order or clear court directive often results only in a civil referral, not immediate help.
  • On the custody side, generalized discomfort about overnight visitors is usually not enough for emergency ex parte custody; the court looks for concrete signs of substantial risk of physical or emotional harm or sexual abuse, and for patterns like exposing children to unsafe people or chaotic conditions.
  • Failing to request specific, detailed temporary custody and visitation terms (including pick-up/drop-off locations, overnight guest limits, and supervised exchanges where needed) can leave the family in a vague arrangement that is harder to enforce.

Conclusion

In North Carolina, after a domestic violence restraining order is dismissed, a spouse generally cannot rely on police or self-help to regain access to a locked marital home. Instead, the spouse with a legal interest in the residence must use district court—through a Chapter 50 family case—to seek temporary possession of the home and formal custody and parenting orders that address where the children live and how overnights occur. The most important next step is to file the appropriate family-law complaint and motions in the correct county court as soon as the lock-out and parenting concerns arise.

Talk to a Family Law Attorney

If a spouse has been locked out of the marital home after a restraining order was dismissed and there are new concerns about the children’s living situation, our firm has experienced family law attorneys who can help explain options and timelines under North Carolina law. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.