If you’re experiencing domestic violence, a 50B protective order can provide critical legal protection. This civil court order, established under North Carolina’s Chapter 50B statute, requires an abuser to stay away from you and may include additional protections for your safety. Understanding how to get a 50B domestic violence protective order in North Carolina is the first step toward securing the protection you deserve. This guide walks you through the entire process, from eligibility requirements to what happens in court. Marshall & Taylor PLLC helps victims navigate this process with knowledgeable legal guidance.
What Is a 50B Domestic Violence Protective Order?
A 50B protective order, also called a Domestic Violence Protective Order (DVPO), is a civil court order that protects victims from domestic violence. Unlike criminal charges, a protective order is a separate civil matter. It focuses on your safety rather than punishing the abuser.
The order requires the abuser to stay away from you, your home, your workplace, and your children’s school. A judge can also include other protections, such as prohibiting contact by phone, email, or through third parties. The order remains in effect for a set period. This is typically up to one year. You can renew the order for additional terms of up to two years each if the threat of domestic violence continues.
Who Qualifies for a 50B Protective Order?
North Carolina law allows you to file for a protective order if you have a “personal relationship” with the person committing domestic violence. This includes:
- Current or former spouses
- People you’re dating or have dated
- Parents of your children (even if you were never married)
- Household members or former household members
- People with whom you share a child
Domestic violence under Chapter 50B includes attempting to cause or intentionally causing bodily injury, placing someone in apprehension of immediate bodily injury, or committing sexual assault. You don’t need to have filed criminal charges to obtain a protective order—the civil process is separate and available to any victim who meets these requirements.
Steps to File for a 50B Protective Order
Step 1 – File at the Clerk of Superior Court
Start by visiting your county’s Clerk of Superior Court office. You’ll complete a Domestic Violence Protective Order form, which is available at the courthouse or online through your county’s website. The clerk will help you fill out the form, which asks you to describe the domestic violence you’ve experienced.
Filing fees are typically waived for protective order cases, so cost should not prevent you from seeking protection. Bring any documentation you have, including photos of injuries, medical records, text messages, or emails, that show the abuse. The clerk will file your petition and schedule a hearing. Marshall & Taylor PLLC can assist you in gathering and organizing this critical evidence.
Step 2 – Attend the Temporary Hearing
In many cases, you’ll receive a temporary protective order the same day you file, or within a few days. This temporary order provides immediate protection while you wait for the final hearing. At the temporary hearing, you’ll explain to a judge why you need protection and describe the abuse you’ve experienced.
The judge will consider whether there’s a reasonable apprehension of immediate bodily injury. You don’t need extensive evidence at this stage. The temporary order is meant to provide quick protection. Bring any evidence you have and be prepared to answer questions about the abuse and your safety concerns. Having legal representation at this stage can strengthen your position.
Step 3 – Prepare for the Final Hearing
The final hearing typically occurs within 10 days after the temporary order is issued. This is your opportunity to present a complete case for a longer-term protective order. Gather all evidence of abuse, including photos, medical records, police reports, and written communications. If possible, identify witnesses who can testify about the abuse, including friends, family members, neighbors, or medical professionals who treated your injuries.
Prepare a clear timeline of incidents and write down specific details about what happened. Bring this information to court, along with any documents that support your case. Consider whether you want legal representation; an attorney can help you present your case effectively and protect your interests throughout the process.
What Happens at the Final Hearing
At the final hearing, you’ll present your case to a judge. You’ll testify about the abuse you’ve experienced and answer questions from the judge and potentially from the abuser’s attorney. The abuser has the right to be present and to contest the order.
The judge uses a “preponderance of the evidence” standard. This means the judge will grant the order if it’s more likely than not that domestic violence occurred. This is a lower standard than criminal cases, which require proof “beyond a reasonable doubt.”
If the judge finds that domestic violence occurred and that you need protection, the court will issue a final protective order lasting up to one year. You can renew the order for additional terms of up to two years each if the threat of domestic violence continues. If the judge denies the order, you can file again if new incidents occur. If granted, the order becomes part of the court record, and law enforcement can enforce it.
Why Choose Marshall & Taylor PLLC
Domestic violence is a serious matter that requires knowledgeable legal guidance. Marshall & Taylor PLLC understands the North Carolina protective order process and is committed to helping victims secure the protection they need. Our team works with you to gather evidence, prepare your case, and present it effectively in court.
We understand the urgency of your situation and provide representation to help you move forward safely. When you work with Marshall & Taylor PLLC, you partner with a team that understands the legal process and the impact domestic violence has on your life. Our family law attorneys have extensive experience with protective order cases.
Frequently Asked Questions
Can I get an emergency protective order immediately?
Yes. If you’re in immediate danger, you can request emergency relief under North Carolina law. You must show the court that there’s a danger of serious and immediate injury to you or a minor child. Emergency protective orders can be issued the same day you file, providing immediate protection while you prepare for the full hearing process.
Do I need an attorney to file for a 50B order?
You’re not required to have an attorney to file for a protective order. The process is designed to be accessible to victims without legal representation. However, having an attorney significantly strengthens your case. An experienced attorney helps you organize evidence, prepare testimony, and respond to questions effectively. Marshall & Taylor PLLC offers consultations to discuss your situation and explain how legal representation can help protect your rights.
What if the abuser violates the protective order?
Violating a protective order is a criminal offense in North Carolina. If the abuser contacts you, comes near you, or violates any condition of the order, contact law enforcement immediately. Report the violation to the police and provide documentation of the breach. The abuser can face criminal charges, jail time, and fines for violating the order. Marshall & Taylor PLLC can help you enforce your protective order.
Can the protective order be renewed?
Yes. If the threat of domestic violence continues, you can renew your protective order before it expires. The court can renew the order for an additional term of up to two years if you show good cause—meaning the threat of abuse continues. You’ll file a renewal petition with the court, and the process is similar to obtaining the initial order. Marshall & Taylor PLLC can guide you through the renewal process.
Will a 50B order affect custody or child support?
A protective order is separate from custody and child support matters. However, a judge may consider the protective order when making custody decisions, as the safety of children is a primary concern. If you have questions about how a protective order might affect custody or child support arrangements, Marshall & Taylor PLLC can provide guidance on these related family law matters.
Take Action Today
Your safety matters. If you’re experiencing domestic violence, don’t wait to seek protection. Contact Marshall & Taylor PLLC today to discuss your situation and learn how a 50B protective order can help you. Call (919) 833-1040 to schedule a consultation. We’re here to answer your questions, explain your options, and help you take the next step toward safety and peace of mind.