When someone is facing abuse or threats at home, one of the most important legal protections in North Carolina is called a 50B Domestic Violence Protective Order (DVPO). Sometimes referred to as a “restraining order,” a 50B is designed to provide immediate and enforceable protection from domestic violence.
But not every conflict qualifies for a 50B. The law sets out specific requirements. Here’s what you need to know.
Who Can File for a 50B?
A 50B is available when there is (or has been) a certain type of personal relationship between the person asking for protection (the “plaintiff”) and the person accused of abuse (the “defendant”). In North Carolina, those relationships include:
- Current or former spouses
- People of the opposite sex who live together or have lived together
- Parents, children, or grandparents/grandchildren
- People who share a child in common
- Current or former household members
- People of the opposite sex who are, or have been, in a dating relationship
If the parties don’t fit into one of these categories, the person may instead qualify for a 50C Civil No-Contact Order, which protects against stalking, harassment, or unwanted sexual conduct by someone with whom you don’t have a domestic relationship.
Grounds for a 50B
To get a 50B, the plaintiff must show that the defendant has committed an act of domestic violence. Under North Carolina law, that can include:
- Physical harm: Intentionally causing serious bodily harm
- Attempts at harm: Trying but failing to cause serious bodily harm
- Threats or harassment: Placing someone in fear of serious bodily harm, or engaging in a course of conduct that causes substantial emotional distress
- Sexual offenses: Rape or other sexual crimes defined under NC law
Why Pursue a 50B?
A 50B can offer these helpful provisions…
- No Contact Order
- Temporary custody of children
- Defendant ejected from the home
- Defendant ordered to stay away from work or school
- Removal of their firearms
Violating a 50B is a crime, which means the protection has real enforcement power.
If you or someone you know is experiencing abuse, it’s important to understand that the law provides options. Taking the first step can feel overwhelming, but you don’t have to navigate it alone. We are here to answer all your questions and help keep you safe.