Filing for a 50B Protective Order in North Carolina, Step by Step

Protection and safety

There is no filing fee, an order can be entered the same day when there is immediate danger, and the full hearing generally follows within ten days.

On this page

1. Who can file
2. The filing, step by step
3. What to write
4. The hearing
5. After the order

If you are in danger right now

Call 911. The National Domestic Violence Hotline is available at 1-800-799-7233 or by texting START to 88788. In Mecklenburg County, Safe Alliance operates a 24-hour help line at 980-771-4673. This article is general legal information and is not a substitute for a safety plan made with an advocate.

Who can file

Chapter 50B is available to someone who has a personal relationship with the abuser: current or former spouses, people who live together or have lived together, parents and children, people who have a child in common, people related as household members, and people who are or have been in a dating relationship. Without a personal relationship, the remedy is a civil no-contact order under a different chapter.

The filing, step by step

Filing a 50B protective order

Many counties have advocates on site who help with the paperwork. Mecklenburg County has a dedicated process.

What to write on the complaint

This is the part people do badly under stress, and it matters more than anything else. Write specific incidents with dates, in plain chronological language. What happened, when, where, who saw it, whether police came, whether anyone was injured.

How to describe what happened

What happens at the hearing

The hearing is a trial in miniature. You testify, the defendant testifies, witnesses may be called, and documents and photographs are offered. It is usually short. Bring organized copies of everything you intend to show, and expect to be asked about dates.

If the judge finds that an act of domestic violence occurred, a protective order can be entered for up to one year and can be renewed for up to two additional years on a motion filed before it expires.

After the order

• Keep a certified copy with you and give one to your workplace and your child’s school.
• Do not invite contact. A protected party who initiates contact undermines the order and can complicate enforcement.
• Report violations to law enforcement. Violating a DVPO is a crime.
• Calendar the expiration date and the deadline to move for renewal.

The complaint is where the case is won or lost. Dates and specifics beat adjectives every time.Christopher Adkins, Adkins Law

Frequently asked questions

Does it cost anything to file for a 50B order?

No. There is no filing fee for a domestic violence protective order complaint in North Carolina.

How fast can I get protection?

When the complaint alleges an immediate danger, a judge can enter an ex parte order the same day, lasting until the full hearing.

Do I need a lawyer to file?

No, and many counties have advocates who help with the forms. Counsel helps most at the hearing, where evidence rules apply.

How long does the order last?

Up to one year after a hearing, renewable for up to two additional years on a motion filed before it expires.

The hearing comes fast

Ten days is not long to prepare. Adkins Law represents petitioners and defendants in 50B matters across Mecklenburg, Iredell and Cabarrus counties.

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 and protective orders
• 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.