What Is a 50B Protective Order in North Carolina?

A Domestic Violence Protective Order (DVPO), commonly referred to as a “50B order,” is a civil court order in North Carolina established under the state’s General Statutes. This order is not a criminal charge but a civil action a person, known as the plaintiff, initiates against another, the defendant. The resulting order can mandate that the defendant cease certain actions, stay away from the plaintiff’s home, school, or workplace, and have no contact.

A judge issues the order to prevent future acts of domestic violence, and law enforcement can immediately arrest a defendant for violating its terms. While the initial order is temporary, a judge can grant a final order that lasts for up to one year and can be renewed for up to two years at a time. All documents filed in the case become part of the public record, though the order itself does not appear on a criminal background check.

Who Can File for a Protective Order

To be eligible to file for a 50B order, the person seeking protection must have a specific “personal relationship” with the individual committing the harmful acts, as defined by North Carolina General Statute 50B. The statute outlines several qualifying relationships, ensuring that protection is available to those in various domestic situations.

These relationships include:

• Current or former spouses
• Individuals who have a child in common
• Persons who are currently dating or have previously dated
• Parents and children, as well as grandparents and grandchildren
• Current or former household members, which can encompass a broad range of living arrangements.

Beyond the relationship requirement, the person filing must demonstrate that an “act of domestic violence” has occurred. The statute defines this not just as physical harm but also includes a range of behaviors, such as the attempt to cause bodily injury or intentionally causing such injury. It also includes actions that place the aggrieved party or a member of their family in fear of imminent serious bodily injury. The legal definition of domestic violence is broad enough to cover continued harassment that rises to a level that inflicts substantial emotional distress, including patterns of threatening behavior or intimidation.

Information and Forms Needed to File

Before heading to the courthouse, a person must gather specific and detailed information to complete the necessary paperwork. The filer will need the full legal name of the defendant, along with their date of birth, and current or last known address. Other identifying details such as a physical description, including height, weight, hair and eye color, and any distinguishing marks like tattoos, are also important for law enforcement to properly serve the documents and enforce the order.

A crucial part of the preparation involves documenting the incidents of violence. The person filing should write down the specific dates and approximate times of each event they plan to include in the complaint. For each incident, a detailed, factual description of what happened is necessary. This narrative should clearly explain the actions taken by the defendant and the harm or fear they caused.

The primary document required to initiate the process is the “Complaint and Motion for Domestic Violence Protective Order,” which is officially designated as form AOC-CV-303. This form is available at no cost from the civil division of any local Clerk of Superior Court’s office and can often be downloaded directly from the official North Carolina Courts website.

When completing the AOC-CV-303 form, the gathered information is entered into specific sections. The most substantial section requires the plaintiff to provide a sworn statement detailing the acts of domestic violence. The form also requires the plaintiff to specify the “relief” they are requesting from the court. This means deciding what specific protections are needed, such as ordering the defendant to stay away from the plaintiff’s home and workplace, granting temporary possession of a shared residence, ordering no contact, and awarding temporary custody of any minor children.

The Filing and Hearing Process

Once the “Complaint and Motion for Domestic Violence Protective Order” is fully completed, the next step is to file the documents with the Clerk of Superior Court. This must be done in the county where the plaintiff resides, the defendant resides, or where the domestic violence occurred. There is no fee required to file for a 50B protective order.

Immediately after filing, the plaintiff will go before a District Court judge for what is known as an “ex parte” hearing. This hearing is typically held on the same day the complaint is filed, and the defendant is not present. During this initial hearing, the judge reviews the complaint and listens to the plaintiff’s testimony to determine if an act of domestic violence occurred and if there is a danger of serious and immediate injury. If the judge agrees, they will issue a temporary protective order.

After the judge signs the temporary order, the county sheriff’s office is responsible for “service of process.” This involves a deputy personally delivering a copy of the complaint, the summons to appear in court, and the temporary protective order to the defendant. This action officially notifies the defendant of the lawsuit and the restrictions placed upon them. The documents also clearly state the date, time, and location of the next court hearing.

A second court hearing is scheduled within 10 days of the temporary order being issued, or within 7 days if temporary custody was granted. At this “ten-day hearing,” both the plaintiff and the defendant have the right to be present, present evidence, and call witnesses. Based on the evidence and testimony presented, the judge will decide whether to dismiss the temporary order or issue a final Domestic Violence Protective Order, which can remain in effect for up to one year.