Domestic violence is a serious and ongoing problem for many people in North Carolina. Each year, North Carolina courts hear tens of thousands of cases related to domestic violence. This includes petitions for a domestic violence protection order.
Also known as a “50B order,” after the chapter of North Carolina law dealing with domestic violence, a domestic violence protection order is essentially a restraining order taken out by a victim against their abuser. In issuing a protection order, a judge can order specific protections and other relief that are not available with other, more general types of restraining orders. Victims can also seek assistance from a variety of state and local agencies in enforcing a domestic violence protection order.
Who Can Seek a Domestic Violence Protective Order in North Carolina?
All forms of violence by one person against another is unacceptable and, in most cases, illegal.
Domestic violence, however, refers to a specific category of interpersonal violence recognized by state law. In North Carolina, domestic violence involves the commission of one or more of the following acts, which the abuser commits against a victim with whom they have a “personal relationship”:
- Intentionally causing, or attempting to cause, bodily injury to the victim;
- Placing the victim, or a member of the victim’s household or family, in fear of imminent serious bodily injury;
- Engaging in a pattern of harassment against the victim, or a member of the victim’s household or family, to the point where it inflicts substantial emotional distress; or
- Committing any act of sexual violence against the victim, such as rape or statutory rape.
In terms of establishing the necessary “personal relationship” between the victim and the abuser, North Carolina includes the following relationships:
- The victim and the abuser are current or former spouses;
- The victim and the abuser are persons of the opposite sex who live together or previously lived together;
- The victim and the abuser are not currently in a relationship but have a common child;
- The victim and the abuser are related as child and parent;
- The victim and the abuser are in a parent-like relationship, such as a grandparent raising a grandchild, or a non-relative legal guardian caring for a minor;
- The victim and the abuser are former members of the same household;
- The victim and the abuser are persons of the opposite sex who are, or were, in a dating relationship; that is, they were “romantically involved” over time and continuously.
Keep in mind that anyone residing in North Carolina can seek a domestic violence protective order.
You do not have to be a United States citizen or lawful permanent resident. The law only considers your relationship with the abuser. And even in cases where your relationship does not qualify for a 50B order, you may still be able to seek a no-contact (or 50-C) order against an abuser, regardless of your prior or current relationship with the abuser.
How Do You Apply for a Domestic Violence Protective Order in North Carolina?
A local domestic violence agency or a qualified Charlotte domestic violence protection order lawyer can help you apply for the protective order. Unlike most legal proceedings in North Carolina, there is no filing fee or other charge to file a complaint seeking a domestic violence protective order. It is important to understand, however, that this is a type of civil action, meaning both you and your abuser have certain due process rights under the law.
After the initial filing, a local judge or magistrate will review your complaint ex parte, meaning without waiting for the defendant (the alleged abuser) to appear or file any response. At this stage, the court can issue a temporary ex parte order providing you (or your children) with protection if you are in serious and immediate danger. This order will only last up to 10 days, however, at which point the court will need to conduct a full hearing, with both sides receiving a chance to appear in court and present their case to the judge.
Indeed, the alleged abuser must be properly served and notified of a complaint seeking a domestic violence protective order. This is not done by the victim. Rather, it is usually up to the local sheriff to complete the service. You may need to bring the complaint to the sheriff personally and provide the defendant’s address.
Once the court holds a hearing, it can issue a final domestic violence protective order. Under North Carolina law, such orders may last up to 1 year from the date of the hearing. The judge may issue an order for a lesser period, however, if circumstances warrant or the victim requests a shorter time frame.
What Does a “Protective Order” Mean in North Carolina?
The precise terms of a domestic violence protective order in North Carolina will vary based on the facts and circumstances of a given case. State law affords the court broad discretion in determining what protections a victim needs from their abuser. Some common examples of relief include:
- An order directing the defendant to refrain from committing future acts of domestic violence;
- An order granting possession of the victim and abuser’s shared residence to the victim, and excluding the abuser from the premises;
- An order requiring the abuser to provide the victim (and their children) with suitable alternative housing;
- temporary orders regarding child custody, child support, and visitation rights if the parties have common minor children;
- An order barring either party from purchasing a firearm for a fixed period; and
- An order requiring the abuser to attend and complete a domestic abuse treatment program.
Once a court issues a domestic violence protective order, it is legally binding on the parties. This means that if the defendant (i.e., the abuser) violates any of its terms, the plaintiff (i.e., the victim) can seek assistance from law enforcement. Violation of a North Carolina domestic violence protective order is an A1 misdemeanor, meaning an offender could spend time in jail for their actions.
Contact a Charlotte Family Law Attorney
Remington & Dixon is a full-service Charlotte, North Carolina, family law firm that can advise you on the process of seeking a domestic violence protective order. Divorce attorney Jennifer Dixon will be happy to sit down with you and explain the process of seeking a domestic violence protective order and taking other steps to protect your family. Contact Remington & Dixon, PLLC, today to schedule a consultation.
