A North Carolina judge can order an abuser to leave your shared home on the same day you file a case, before that person even sets foot in a courtroom. The filing costs nothing, and the case moves faster than almost any other case in the court system. Victims need a clear picture of what steps to take, and someone to help them.

Who Qualifies for a 50B Order

A domestic violence protective order, called a DVPO or “50B”, after Chapter 50B of the General Statutes, requires a personal relationship between you and the abuser. This covers spouses and ex-spouses, people who live together or have lived together, current or former household members, people in a dating relationship, parents and children, and two people sharing a child. Anyone living in North Carolina can file for a DVPO, regardless of their citizenship or immigration status.

No qualifying relationship? A neighbor, coworker, or stranger who stalks or assaults you falls under a different tool, the 50C civil no-contact order.

What You Must Prove

The statute defines domestic violence as attempting or intentionally causing bodily injury, placing you or a member of your household in fear of imminent serious bodily harm, continuing harassment that inflicts substantial emotional distress, or committing certain sexual offenses. A single act can be enough. There is no requirement that the police were ever called or that criminal charges were filed.

Where and How to File

You file a complaint with the clerk of the court in the district court of the county where you live, the defendant’s residence, or the place where the abuse occurred. There is no filing fee required. The clerk’s office will provide the necessary forms, and the North Carolina Judicial Branch offers a free online eCourts Guide & File service to assist you in preparing your complaint. 

Local domestic violence agencies may also be able to help you complete the necessary paperwork, and clerks are obligated to provide complainants with a private area where they can fill out the forms whenever possible.

Be specific in your complaint. Include dates, places, and exact threats or injuries. Vague allegations are often the reason why petitions fail to be effective.

Emergency Protection Before the Full Hearing

If the judge believes that you or your child is facing serious and immediate danger, the court may enter an ex parte temporary order on the same day without the defendant being present. If same-day review is not possible, the request must be heard within 72 hours, or by the end of the next court session, whichever occurs first. The emergency order becomes effective once the sheriff has served the defendant, and it will protect you until the full hearing is held, which is usually set for about ten days later.

What a Final DVPO Can Do

After hearing both sides of the case, a judge can grant a restraining order for up to one year that can be renewed for another two years if necessary. A restraining order can:

• Prevent all contact between the parties, either directly or through third parties.
• Exclude the defendant from the victim’s home and keep them away from their workplace, school, or childcare.
• Establish temporary custody of the children and set temporary visitation arrangements.
• Require the abuser to surrender firearms, as violating this provision is a separate crime.
• Mandate the abuser’s participation in a treatment program.

The order is civil, not a criminal conviction. Violating it is different. Law enforcement can arrest the defendant on the spot, and a violation leads to criminal charges.

You Don’t Have to Do This Alone

The ten-day hearing is approaching quickly, and standing in front of an abuser in a courtroom can be one of the most difficult things that the law requires of anyone. The Law Office of Stephen E. Robertson, PLLC prepares evidence, handles questioning, and stands by your side at every stage. If you would like to schedule a confidential consultation, please contact us.