If you are reading this because you are being hurt, the most important thing in this article is the next sentence: if you are in immediate danger, call 911. Civil orders take time. Police protection is faster. The rest of this article is about the legal protection available in NC to people who are not in immediate danger but who have experienced or are experiencing domestic violence — what it does, how to get it, and what it means if you have been served with one.
What is a 50B order?
A '50B order' — formally, a Domestic Violence Protective Order under Chapter 50B of the NC General Statutes — is a civil court order that protects a person from a spouse, partner, family member, or household member who has committed an act of domestic violence. It is a court order, not a piece of advice. Violation is a crime.
A 50B order can require the respondent to: stay away from the petitioner, the petitioner's home, work, and the children's school; vacate a shared residence; surrender firearms; not contact the petitioner directly or through third parties; pay temporary child support; surrender custody of children. The protections available are broad and immediate.
Who can get a 50B order?
50B orders are available between people in a 'personal relationship' as defined by NC statute — current and former spouses, persons of opposite sex who live together or have lived together, parents and children (and grandparents and grandchildren), persons who have a child in common, current or former household members, and current or former dating partners. The personal-relationship requirement is what distinguishes a 50B order from a Chapter 50C civil no-contact order, which covers other situations like stalking or harassment between people who do not have a personal relationship.
What counts as 'domestic violence'?
NC defines domestic violence to include: attempting to cause or causing bodily injury; placing the victim in fear of imminent serious bodily injury or continued harassment that rises to substantial emotional distress; sexual assault. Each of these is a defined legal standard. Not every distressing incident in a relationship rises to the statutory definition — but many do, and the standard is well-developed in NC case law.
Ex parte and permanent orders
There are two stages of a 50B order. The first is an ex parte order — temporary protection granted without notice to the respondent. The petitioner files a verified complaint, and if the court finds that an act of domestic violence has occurred and there is a danger of further acts, the court can enter the ex parte order that day or the next. The ex parte order remains in effect until the contested permanent hearing, typically within 10 days.
The second stage is the permanent order. After both parties have had a chance to be heard, the court decides whether to enter a permanent 50B order, which can last up to one year. Permanent orders can be renewed before expiration upon a renewed showing.
What it costs and how long it takes
There is no filing fee for a 50B petition in NC. Many petitioners file pro se (without an attorney) at the courthouse; others retain counsel. Counsel can make a substantial difference at the contested 10-day hearing, where evidence and cross-examination matter and where the consequences of losing — to either side — are significant.
Time-wise: an ex parte order can be entered within hours of filing. The contested hearing is held within 10 days. The full process from filing to permanent order typically takes a calendar week to ten days.
If you are considering filing
Do not wait if you are being hurt. Domestic violence almost always escalates, and the legal protection available in NC is meaningful. Call us, call Legal Aid of NC, or go directly to the Mecklenburg County courthouse to file. The first conversation is confidential.
Document what has happened — texts, photos, dates, witnesses. Save what you can. Tell someone you trust. If there is a coordinating safety plan from a domestic violence shelter or counselor, follow it.
If you have been served with a 50B
If you have been served with a 50B petition, take it seriously. The ex parte order is in effect immediately and has real legal consequences — residence, firearms, contact, custody. The 10-day hearing is your one opportunity to defend the matter. Going to court without representation, against a represented petitioner, is a substantial disadvantage.
Do not contact the petitioner. Do not violate the ex parte order in any respect, including indirectly through friends or family. Do not post about the case on social media. Do not, under any circumstances, ignore the order — violation is a Class A1 misdemeanor and, in some circumstances, a federal firearm offense.
Call an attorney as soon as possible. The earlier we are involved, the more we can do.
Coordination with custody and divorce
50B orders frequently arise in the context of separation, divorce, or custody disputes. They are powerful, immediate protections — and they have substantial implications for the longer-term family law matter. Our practice handles 50B cases with the integration they require: where appropriate, we file related custody, divorce, or child support actions in coordination with the 50B so that issues are decided together rather than in conflicting orders.
