Protection and safety
Domestic Violence and 50B Protective Orders in North Carolina
Who can file, what qualifies as domestic violence under Chapter 50B, what an order can actually do, how the ten-day hearing works, and what to do if one has been filed against you.
If you are in danger right now
Call 911. For confidential help at any hour, the National Domestic Violence Hotline is reachable 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 page is general legal information and is not a substitute for a safety plan made with an advocate.
What a 50B protective order is
Chapter 50B of the North Carolina General Statutes creates the domestic violence protective order, often called a DVPO or a 50B. It is a civil order, separate from any criminal charge, and it is available to people who have 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.
The act of domestic violence must be one of these: attempting to cause or intentionally causing bodily injury; placing the person or a member of their family in fear of imminent serious bodily injury or continued harassment rising to a level that inflicts substantial emotional distress; or committing certain sexual offenses.
How a 50B protective order proceeds
What an order can actually do
| Relief | What it means |
|---|---|
| No contact | Prohibits contact, harassment, and coming near the protected party, their work or their school |
| Exclusive possession | Awards possession of the residence and orders the defendant to leave, regardless of whose name is on the lease or deed |
| Temporary custody | Awards temporary custody of minor children and can set or suspend visitation |
| Support | Can order temporary child support and spousal support |
| Firearms | Requires surrender of firearms, ammunition and permits in specified circumstances |
| Possessions | Orders return of personal property and can address pets |
| Counseling | Can order the defendant to attend an abuser treatment program |
A DVPO is enforceable by arrest. Violating one is a crime, which is what distinguishes it from a civil no-contact agreement.
Ex parte orders and the ten-day hearing
When a complaint alleges an immediate danger of acts of domestic violence, a judge can enter an ex parte order the same day, without the defendant present. That temporary order lasts until the full hearing, which is generally set within ten days. At the hearing both sides present evidence, and a DVPO entered after that hearing can last up to one year and can be renewed for up to two additional years on motion.
The 50B timeline
What helps at the hearing
- Dated photographs of injuries and property damage.
- Text messages, voicemails and emails, preserved in full rather than cropped screenshots.
- Medical records and the names of treating providers.
- Police reports, incident numbers and the names of responding officers.
- Witnesses who saw or heard the events, not who heard about them later.
- A written chronology, made while events are fresh, with dates and times.
The hearing is about specific events on specific dates. A calendar with entries beats a narrative every time.Christopher Adkins, Adkins Law
If an order has been filed against you
A DVPO carries consequences well beyond the no-contact provision: loss of firearm rights, effects on custody, immigration consequences, security clearances and employment in some fields. Do not contact the plaintiff to discuss it, do not ask a friend to pass along a message, and do not ignore the hearing date. A default order entered because you did not appear is just as enforceable as one entered after a trial.
Adkins Law represents both petitioners and defendants in 50B matters. See Adkins Law on domestic violence matters.
How protective orders interact with custody
A DVPO can include temporary custody terms, and those terms control while the order is in effect. A finding of domestic violence is also a factor the court weighs in a custody case, and it is one of the recognized grounds for waiving the court custody mediation program. Where a protective order exists, any parenting plan has to be written so it does not conflict with it.
Frequently asked questions
Who can file for a 50B order in North Carolina?
Someone with a personal relationship with the abuser: current or former spouses, people who live or have lived together, parents and children, people with a child in common, household members, and people in a current or former dating relationship.
Does filing cost anything?
There is no filing fee for a domestic violence protective order complaint in North Carolina.
How long does a DVPO last?
An order entered after a hearing can last up to one year, and it can be renewed for up to two additional years on motion before it expires.
Can a protective order give me the house?
Yes. A court can award exclusive possession of the residence and order the other party to leave, regardless of whose name is on the lease or deed.
Is a 50B order a criminal charge?
No. It is a civil order, though violating it is a crime and it can exist alongside criminal charges arising from the same events.
What if the allegations against me are false?
Appear at the hearing with counsel, bring evidence and witnesses, and do not contact the petitioner. A default order entered in your absence carries the same consequences as one entered after a hearing.
Protective order matters move fast
Ten days is not much time to prepare, on either side. Adkins Law handles 50B matters for petitioners and defendants throughout Mecklenburg, Iredell and Cabarrus counties. Call or text as soon as you know a hearing date.
Adkins Law, PLLC · 9620 Sherrill Estates Road, Huntersville, NC 28078 · Calling or texting does not create an attorney–client relationship.
Keep reading
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.