If you are in immediate danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.
If someone close to you has hurt you, threatened you or made you afraid for your safety, North Carolina law gives you a way to get protection quickly. A domestic violence protective order, often called a 50B order, can order the abuser to stay away, leave the home and stop all contact. Sawyer & Associates helps people get protected, and we also defend people who have been accused.
What is a 50B protective order?
A 50B order is a civil court order under Chapter 50B of the North Carolina General Statutes that protects you from someone you have a personal relationship with. It isn’t a criminal charge, but violating it is a crime.
Who can get a protective order?
You can file if the person who harmed you is:
- A current or former spouse
- Someone you live with or used to live with
- A current or former dating partner
- The other parent of your child
- Your parent, child, grandparent or grandchild (with some age limits)
The conduct must involve causing or trying to cause bodily injury, putting you in fear of serious harm, ongoing harassment that causes substantial emotional distress, or certain sexual offenses (N.C.G.S. 50B-1).
How the process works
Emergency (ex parte) order
You file a complaint at the courthouse, and a judge can enter a temporary order the same day without the other person present. There’s no filing fee.
Full hearing
A hearing is usually held within 10 days. Both sides can present evidence and witnesses. If the judge finds domestic violence happened, they enter a full protective order.
How long it lasts
A protective order can last up to one year. Before it expires, you can ask the court to renew it for up to two more years, and you don’t have to show a new act of violence (N.C.G.S. 50B-3).
What a protective order can do
- Order the abuser to stop all contact and stay away from your home, work or school
- Give you possession of the home and remove the abuser
- Award temporary custody of your children and set visitation
- Require the abuser to surrender firearms
- Order temporary child or spousal support
- Decide who keeps shared pets and personal property
If you’ve been served with a 50B
A protective order can affect your custody case, your right to own firearms and even your job. Take the hearing seriously. We’ll help you prepare your side, gather evidence and witnesses, and explore options before the hearing date.
Related North Carolina family law services
Domestic violence FAQs
How fast can I get a protective order in NC?
A temporary ex parte order can often be entered the same day you file.
Does it cost money to file a 50B?
No. There’s no filing fee for a domestic violence protective order.
Can I get a protective order against someone I dated?
Yes, if you are or were in an ongoing dating relationship.
What happens if the order is violated?
Violating a protective order is a crime, and the person can be arrested.
Will a protective order affect custody?
It can. Judges must consider domestic violence when deciding custody.
Your safety comes first. Talk confidentially with Nick Wilson. Call 800-355-1504 or book a consultation.
The information on this page is general and is not legal advice. Contacting us does not create an attorney-client relationship.
