A 50B protective order can affect contact between family members, access to a shared home, child custody, firearms, and other important rights.
A 50B Domestic Violence Protective Order, or DVPO, is a civil court order intended to protect someone from domestic violence by a person with whom they have a qualifying personal relationship. The name “50B” comes from Chapter 50B of the North Carolina General Statutes, which establishes who may seek an order, what conduct qualifies as domestic violence, and what protections a court may impose.
A 50B case can move quickly, particularly when someone requests emergency protection. Whether you are seeking an order or have been served with one, understanding the process can help you prepare for what comes next.
Key Takeaways
A 50B order applies when alleged domestic violence involves certain family, household, or dating relationships.
A judge may issue a temporary ex parte order before the other party has an opportunity to appear in court.
A longer-term protective order can restrict contact and affect housing, temporary child custody, visitation, and other matters.
Knowingly violating a valid protective order is generally a Class A1 misdemeanor in North Carolina.
A protective order entered after a hearing may last up to one year and can potentially be renewed.
Who Can File for a 50B Protective Order in North Carolina?
Not every dispute or act of alleged violence qualifies for a 50B order. The parties must have one of the “personal relationships” identified by North Carolina law.
These relationships include current or former spouses, people who have a child together, current or former household members, and certain parents, children, grandparents, and grandchildren. The law also covers certain people who live or previously lived together and people who are or were in a dating relationship.
Someone who does not have a qualifying relationship with the other person may need to consider a different type of protective order, such as a Chapter 50C civil no-contact order.
What Does North Carolina Consider Domestic Violence?
A disagreement between people in a qualifying relationship does not automatically constitute domestic violence under Chapter 50B.
North Carolina law defines domestic violence as intentionally causing or attempting to cause bodily injury. It may also include placing the person seeking protection, or a member of that person’s family or household, in fear of imminent serious bodily injury or continued harassment that rises to the level of substantial emotional distress.
The facts surrounding the alleged conduct therefore matter when a court decides whether the requirements for a protective order have been met.
How Does the 50B Process Work?
A person seeking protection can file a civil action in district court. Someone who believes there is a danger of serious and immediate injury may also request emergency relief.
A judge may issue an ex parte protective order without the defendant first being present if specific facts show a danger of domestic violence. This provides temporary protection while the case proceeds.
When a district court judge issues an ex parte order, a hearing generally must be held within 10 days after the order is issued or within seven days after the defendant is served, whichever occurs later. At the hearing, each side has an opportunity to present evidence and arguments before the court determines whether to enter a longer-term order.
Because the hearing may occur quickly, someone who has been served with a complaint or temporary order should pay close attention to the hearing date and to any restrictions already in effect.
What Can a 50B Order Do?
A judge has considerable authority to tailor a protective order to the circumstances. Depending on the case, the court may:
Prohibit further acts of domestic violence or harassment
Require someone to leave a shared residence
Award temporary custody and establish visitation
Address possession of certain personal property
Restrict the purchase or possession of firearms and, in circumstances specified by law, require the surrender of firearms, ammunition, and certain permits
Impose other requirements the court considers necessary for protection
The court can also address temporary child or spousal support and other issues authorized by Chapter 50B.
These provisions can make a 50B case particularly significant when the parties share a home or have children together.
How Long Does a 50B Protective Order Last?
A protective order entered under Chapter 50B can remain in effect for a fixed period of up to one year. The court may renew an order for good cause for a fixed period of up to two years, including an order previously renewed. A motion for renewal must be filed before the current order expires.
Temporary custody included in a protective order is subject to different limitations and cannot be extended beyond the statutory one-year maximum through the renewal process.
What Happens If a 50B Order Is Violated?
A protective order must be followed unless and until the court changes or ends it. Knowingly violating a valid 50B order is generally a Class A1 misdemeanor. Certain circumstances, including some repeat violations or violations involving a deadly weapon, can result in felony charges.
This is important for both parties. Even if the protected person initiates contact, the person subject to the order should continue to comply with its terms unless the court modifies the order.
Talk to a Western North Carolina Family Law Attorney About a 50B Order
Whether you are seeking a Domestic Violence Protective Order or responding to one, Sheffron Law Firm can help you understand the court process and your legal options. Contact our office to discuss a 50B matter in Hendersonville, Columbus, or the surrounding Western North Carolina communities.
About the Author
A 50B protective order can affect contact between family members, access to a shared home, child custody, firearms, and other important rights.
A 50B Domestic Violence Protective Order, or DVPO, is a civil court order intended to protect someone from domestic violence by a person with whom they have a qualifying personal relationship. The name “50B” comes from Chapter 50B of the North Carolina General Statutes, which establishes who may seek an order, what conduct qualifies as domestic violence, and what protections a court may impose.
A 50B case can move quickly, particularly when someone requests emergency protection. Whether you are seeking an order or have been served with one, understanding the process can help you prepare for what comes next.
Key Takeaways
A 50B order applies when alleged domestic violence involves certain family, household, or dating relationships.
A judge may issue a temporary ex parte order before the other party has an opportunity to appear in court.
A longer-term protective order can restrict contact and affect housing, temporary child custody, visitation, and other matters.
Knowingly violating a valid protective order is generally a Class A1 misdemeanor in North Carolina.
A protective order entered after a hearing may last up to one year and can potentially be renewed.
Who Can File for a 50B Protective Order in North Carolina?
Not every dispute or act of alleged violence qualifies for a 50B order. The parties must have one of the “personal relationships” identified by North Carolina law.
These relationships include current or former spouses, people who have a child together, current or former household members, and certain parents, children, grandparents, and grandchildren. The law also covers certain people who live or previously lived together and people who are or were in a dating relationship.
Someone who does not have a qualifying relationship with the other person may need to consider a different type of protective order, such as a Chapter 50C civil no-contact order.
What Does North Carolina Consider Domestic Violence?
A disagreement between people in a qualifying relationship does not automatically constitute domestic violence under Chapter 50B.
North Carolina law defines domestic violence as intentionally causing or attempting to cause bodily injury. It may also include placing the person seeking protection, or a member of that person's family or household, in fear of imminent serious bodily injury or continued harassment that rises to the level of substantial emotional distress.
The facts surrounding the alleged conduct therefore matter when a court decides whether the requirements for a protective order have been met.
How Does the 50B Process Work?
A person seeking protection can file a civil action in district court. Someone who believes there is a danger of serious and immediate injury may also request emergency relief.
A judge may issue an ex parte protective order without the defendant first being present if specific facts show a danger of domestic violence. This provides temporary protection while the case proceeds.
When a district court judge issues an ex parte order, a hearing generally must be held within 10 days after the order is issued or within seven days after the defendant is served, whichever occurs later. At the hearing, each side has an opportunity to present evidence and arguments before the court determines whether to enter a longer-term order.
Because the hearing may occur quickly, someone who has been served with a complaint or temporary order should pay close attention to the hearing date and to any restrictions already in effect.
What Can a 50B Order Do?
A judge has considerable authority to tailor a protective order to the circumstances. Depending on the case, the court may:
Prohibit further acts of domestic violence or harassment
Require someone to leave a shared residence
Award temporary custody and establish visitation
Address possession of certain personal property
Restrict the purchase or possession of firearms and, in circumstances specified by law, require the surrender of firearms, ammunition, and certain permits
Impose other requirements the court considers necessary for protection
The court can also address temporary child or spousal support and other issues authorized by Chapter 50B.
These provisions can make a 50B case particularly significant when the parties share a home or have children together.
How Long Does a 50B Protective Order Last?
A protective order entered under Chapter 50B can remain in effect for a fixed period of up to one year. The court may renew an order for good cause for a fixed period of up to two years, including an order previously renewed. A motion for renewal must be filed before the current order expires.
Temporary custody included in a protective order is subject to different limitations and cannot be extended beyond the statutory one-year maximum through the renewal process.
What Happens If a 50B Order Is Violated?
A protective order must be followed unless and until the court changes or ends it. Knowingly violating a valid 50B order is generally a Class A1 misdemeanor. Certain circumstances, including some repeat violations or violations involving a deadly weapon, can result in felony charges.
This is important for both parties. Even if the protected person initiates contact, the person subject to the order should continue to comply with its terms unless the court modifies the order.
Talk to a Western North Carolina Family Law Attorney About a 50B Order
Whether you are seeking a Domestic Violence Protective Order or responding to one, Sheffron Law Firm can help you understand the court process and your legal options. Contact our office to discuss a 50B matter in Hendersonville, Columbus, or the surrounding Western North Carolina communities.
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