Defending Against a Protective Order in North Carolina

Protection and safety

A protective order is not a formality. It reaches firearms, custody, your residence and in some fields your career. The hearing is usually within ten days.

On this page

1. What is at stake
2. Four things not to do
3. Preparing for the hearing
4. Consent orders

What is actually at stake

People treat a 50B as a temporary inconvenience. It is not. A protective order entered against you carries consequences that reach well past the no-contact provision.

Consequences of an entered protective order

A relative view of the exposure. Which of these applies depends on your work, status and circumstances.

Four things not to do

• Do not contact the petitioner. Not to explain, not to apologize, not through a friend or a relative. Contact through a third party is still contact.
• Do not ignore the hearing. An order entered because you did not appear is as enforceable as one entered after a trial, and far harder to undo.
• Do not delete anything. Messages, photos, call logs. Deleting is treated far more harshly than the content usually would have been.
• Do not surrender the facts. Agreeing to an order "just to get it over with" imports every consequence above.

Preparing for the hearing

What to gather	Why it matters
Full message threads, not screenshots	Cropped screenshots invite the argument that context was removed
Your location records for the dates alleged	Timeline contradictions are the most effective defense
Witnesses who were present	First-hand observation, not what someone heard later
Any prior court filings between you	Context for a claim made during a custody dispute
A written chronology of your own	Organized dates read as credible; narratives do not

Consent orders without findings

In some cases the parties resolve a 50B with a civil no-contact order or a consent order entered without findings of domestic violence. Whether that is available and whether it is wise depends entirely on the facts, the county and what else is pending. It is a conversation to have with counsel before the hearing, not a form to sign in the hallway.

The worst outcome I see is a default order entered because someone decided the hearing was not serious. It follows them for years.Christopher Adkins, Adkins Law

Frequently asked questions

What happens if I do not go to the hearing?

An order can be entered by default with the same force as one entered after a trial, and it is difficult and expensive to set aside.

Can I contact the petitioner to sort it out?

No. Contact, including through friends or family, can violate an ex parte order and will be used against you.

Will I lose my firearms?

A protective order can require surrender of firearms, ammunition and permits in specified circumstances.

Can we agree to something short of a DVPO?

Sometimes a civil no-contact order or a consent order without findings is available. Whether it is wise depends on your facts and what else is pending.

Do not walk into that hearing alone

Adkins Law defends 50B matters throughout the Charlotte region. Call or text as soon as you have a hearing date, not the night before.

Call Adkins Law (704) 274-5677Text (704) 231-5762Request a consultation

Adkins Law, PLLC · 9620 Sherrill Estates Road, Huntersville, NC 28078 · Calling or texting does not create an attorney–client relationship.

Keep reading

• Domestic violence and 50B orders
• Custody
• How a family case works
• Contact Adkins Law

About the author: Christopher Adkins

Chris Adkins is the founder of Adkins Law, PLLC in Huntersville, North Carolina, a certified mediator with the North Carolina Dispute Resolution Commission, a parenting coordinator, and the author of The Book on Divorce in North Carolina. He previously served six and a half years as a Charlotte-Mecklenburg police officer and served as a Combat Engineer officer in the North Carolina Army National Guard and U.S. Army Reserve, deploying to Kuwait in 2012–2013.

Read the full profile · Request a consultation · (704) 274-5677

This page provides general information about North Carolina law for educational purposes. It is not legal advice and does not create an attorney–client relationship. Statutes, court rules and local practice change, and the outcome of any case depends on its own facts. Speak with a licensed North Carolina attorney about your situation. Written by Christopher Adkins, attorney at Adkins Law, PLLC, Huntersville, North Carolina.