North Carolina General Statutes Chapter 50B provides that victims of domestic violence can get an order of protection from the court. Domestic Violence Restraining Orders, also known as 50B’s or DVPO’s, are civil orders limiting the contact one person may have with another.
A temporary emergency order, also called an ex parte order, is available if there is a danger of serious and immediate injury to a qualifying adult or to a minor child. The victim will be required to appear before a judge to explain the need for an emergency order of protection. If the judge finds that the victim, or membe of the victim’s family, may be in danger, the judge can issue a temporary emergency order of protection with any provisions the judge feels is needed to protect the victim or their family. This emergency order is only valid for ten days. Prior to the expiration of the emergency order, the matter must be set for hearing allowing the other party the opportunity to contest the allegations. If the judge finds evidence of domestic violence a one year order may be issued.