Who can ask for a 50B order
Chapter 50B covers domestic violence between people in a personal relationship. That generally includes:
- Current or former spouses.
- People who live or have lived together.
- Parents and children, grandparents and grandchildren.
- People who have a child in common.
- Current or former household members.
- People who are or were in a dating relationship.
Domestic violence under the statute includes causing or attempting to cause bodily injury, placing someone in fear of imminent serious bodily injury, continued harassment that causes substantial emotional distress, and certain sexual offenses. When the parties do not have a covered relationship, a different kind of order, called a civil no-contact order, may apply.
Ex parte orders and the full hearing
A 50B case usually moves in two stages.
- Ex parte order. The person asking for protection, called the plaintiff, files a complaint. A judge may enter a temporary order the same day, based only on the plaintiff’s side, if the judge finds a danger of acts of domestic violence.
- Full hearing. The defendant is served with the papers and a hearing date. At the hearing, both sides can testify, call witnesses, and present evidence. The judge then decides whether to enter a longer protective order.
The hearing is set quickly. Read the papers the day you get them and write down the court date. If you do not come, the judge can enter the order without hearing from you.
What a 50B order can require
A protective order can include many terms. A judge may order the defendant to:
- Stop all contact with the plaintiff, directly or through others.
- Stay away from the plaintiff’s home, work, school, or other places.
- Leave a shared residence.
- Follow temporary custody and visitation terms for minor children.
- Pay temporary child support or spousal support in some cases.
- Surrender firearms, ammunition, and gun permits, when the judge makes the findings the law requires.
- Stay away from a family pet, or leave it with the plaintiff.
- Complete an abuser treatment program.
Violating a protective order is a crime. It can lead to arrest, and repeated or serious violations can bring more serious charges.
A 50B order and a criminal domestic violence charge are different cases
People often confuse the two. A 50B order is a civil case in district court. The plaintiff brings it, not the State. The standard of proof is lower than in a criminal case, and there is no jail sentence for the order itself.
A criminal charge, such as assault on a female or communicating threats, is brought by the State. The district attorney decides whether to proceed, and the person charged has the protections of criminal law.
The two cases can run at the same time, and what happens in one can affect the other. Testimony at a 50B hearing is under oath and can be used in the criminal case. Criminal defense is the core of our practice, so we look at both cases together before you testify or answer questions.
Firearms, custody, and other consequences
A 50B order can reach far beyond the order itself.
- Firearms. The judge must order the defendant to surrender firearms, ammunition, and permits when the judge finds certain risk factors, such as use or threatened use of a deadly weapon, threats of suicide, or serious injuries. The order can also bar buying firearms while it is in effect. Federal law may also apply.
- Custody. A judge deciding custody must consider acts of domestic violence. Temporary custody terms in a 50B order can shape a later custody case.
- Housing and work. An order to leave a home or stay away from a workplace can disrupt jobs and leases. Some employers and licensing boards ask about protective orders.
A protective order lasts for a set time. It can be renewed if the court finds good cause, and either party can ask the court to modify or set it aside in some circumstances.
How Huggins Law Firm can help
We help people who need protection prepare their complaint and evidence, and we help people who have been served prepare for the hearing. Either way, we gather the texts, photos, records, and witnesses the judge needs to see. We tell you the hard truth about how your evidence is likely to look, and we prepare every case as though it is going to trial.
We handle 50B hearings in Guilford County district court in Greensboro and High Point. Hablamos español. We explain our fee in writing before you hire us. Call (336) 281-2008 to request a consultation.
If you are in immediate danger, call 911.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
How long does a domestic violence protective order last in NC?
An ex parte order lasts only until the full hearing. A protective order entered after the hearing lasts for a set period stated in the order and can be renewed if the court finds good cause. Read the end date on your order.
What is the difference between a 50B order and a domestic violence charge?
A 50B order is a civil case brought by the person asking for protection. A domestic violence charge is a criminal case brought by the State. They can happen at the same time, and testimony in one can be used in the other.
Do I have to give up my guns if a 50B order is entered against me?
Often. The judge must order surrender of firearms, ammunition, and permits when the judge finds certain risk factors, such as use or threatened use of a deadly weapon, threats of suicide, or serious injuries. The order can also bar buying firearms while it is in effect. Federal law may also apply. Ask a lawyer before you do anything with your firearms.
Can the plaintiff drop a 50B order?
The plaintiff can ask the court to end the case or set aside the order, but the judge decides. Contact from the plaintiff does not give the defendant permission to violate the order. Only a court can change it.
What should I bring to a 50B hearing?
Bring any texts, emails, call logs, photos, medical records, police reports, and the names of witnesses who saw what happened. Print what you plan to show the judge. Keep copies for yourself.