What is a Domestic Violence Protective Order (DVPO) in North Carolina?

From the team at Huggins Law Firm, P.C., we want to talk about something that is hard, scary, and urgent. If you are on this page, you are likely in one of two situations:

1. You are scared for your safety. You are being threatened, harassed, or hurt by someone you love, and you need a way out.
2. You have just been served with a thick stack of legal papers. You are being accused of horrible things, and you are being ordered to leave your home, turn in your firearms, and stay away from your family.

Either way, you are in a crisis. You are terrified, confused, and you need clear answers, right now.

Our team is here to give you those clear, simple answers. For decades, we have guided the people of North Carolina through this exact situation. Our firm has deep experience in Family Law, Criminal Law, and Personal Injury.

This is critical, because a Domestic Violence Protective Order (a “DVPO”) is where all three of these laws crash together.

• It is a Family Law case that can decide your Child Custody.
• It has serious Criminal Law consequences if it is violated.
• It often involves a Personal Injury (physical harm) that started the case.

You are probably searching for the “best DVPO lawyer near me” in Greensboro or Winston-Salem. You don’t need “legal-speak.” You need a plan. This page is your guide.

Key Takeaways from This Page

We know you are in a hurry. If you only read one section, read this.

• A “50B” is a Real Court Order. It is a powerful legal document that a judge signs. It is not just a suggestion.
• It’s a 2-Step Process. First, a judge can grant a temporary “Ex Parte” order in an emergency. This only lasts about 10 days. Second, you have a full, “in-person” court trial to decide if the order should last for one year.
• For Victims: It Can Keep You Safe. A 50B can order the abuser to move out of the house (even if they own it), have zero contact, and give you temporary custody of your kids.
• For the Accused: The Stakes Are High. If a 1-year order is entered against you, you will lose your right to own firearms. You can be evicted from your home. It will be used against you in a custody case.
• Violating a 50B is a CRIME. If you have a 50B against you, and you send one text, make one call, or “like” one photo, you can be arrested and put in jail.
• A “Little-Known Stat”: The most dangerous time for a victim is when they try to leave. A study by the U.S. Department of Justice found that 75% of domestic violence homicides happen after the victim has left the abuser. (Source: National Domestic Violence Hotline). This is why a 50B is such a critical safety tool.
• You NEED a Lawyer. Whether you are the victim (the Plaintiff) or the one being accused (the Defendant), you need an experienced lawyer for the 10-day hearing. It is a full trial, and the rest of your life can be decided in that one day.

What is a “50B Order”? (And Why is it Called That?)

This is the most common question. It is very simple: “50B” is the name of the law.

The official name is a Domestic Violence Protective Order (DVPO). But lawyers and judges all call it a “50B” because the law is found in Chapter 50B of the North Carolina General Statutes.

This is a specific type of restraining order. It is not the same as a “50C” Civil No-Contact Order, which is for people you don’t have a personal relationship with (like a creepy neighbor or a stranger who is stalking you).

A 50B is designed only for people who are in, or were in, a “personal relationship.”

Who Can Get a 50B Order? (The “Personal Relationship” Rule)

This is the first test of the law. To file for a 50B, you must have a “personal relationship” with the person you are filing against.

What does the law say this means?

• You are current or former spouses.
• You live together or used to live together. (This includes roommates, not just romantic partners).
• You are parents of the same child, even if you never lived together or dated.
• You are in or were in a dating relationship.
• You are related as parent and child, or grandparent and grandchild.

This is a key part of the law. If your relationship is not on this list, you must file a 50C. A lawyer can tell you in about 30 seconds which form is right for you.

What Do I Have to Prove to Get a 50B? (The “Act” of Domestic Violence)

You cannot get a 50B just because you are angry or want to “get” your spouse in a divorce.

You must prove to a judge that the other person has committed an “act of domestic violence.”

What does the law mean by “act”? It means the other person:

• Caused physical injury to you or your child (or tried to).
• Put you or your child in fear of “imminent” (right now) serious bodily injury.
• Committed any “sex offense” against you.
• Is harassing or stalking you so much that it is causing “substantial emotional distress.”

This is a key point: You do not have to be physically hit to get a 50B.

If someone is threatening to kill you, showing you a weapon, or following you to work and your home, a judge can find that this puts you in fear of “imminent” harm. Our team of lawyers has handled thousands of these cases, and we know how to present this evidence to a judge.

The 2-Step Process: How a 50B Case Works

A 50B case happens very fast, much faster than any other case in Family Law. The whole process is split into two parts.

Step 1: The “Ex Parte” Temporary Order (The First 10 Days)

“Ex Parte” is a Latin legal term that just means “one side.”

If you are a victim, you can go to the courthouse by yourself and file a “Complaint” for a 50B. You do this without the other person knowing.

Why? Because it is an emergency. The law knows that if you had to give your abuser a “heads-up” that you were filing, it could put you in even more danger.

• You will fill out a sworn “Complaint” form.
• You will write down exactly what happened (dates, times, what they said, what they did).
• You will go in front of a judge, by yourself, and the judge will read your complaint.
• If the judge believes you or your child are in “immediate danger,” the judge will sign a Temporary 10-Day 50B Order.

This order is not active until the Sheriff serves it on the other person. Once it is served, the Defendant (the accused) must immediately follow all of its rules.

This temporary order will almost always:

1. Order the Defendant to have zero contact with you.
2. Order the Defendant to leave the shared home (this is called “granting possession of the residence”).
3. Give you temporary custody of your children.
4. Order the Defendant to surrender all firearms.

This temporary order is a life-saving tool. It is also a life-changing event for the person it is filed against.

Step 2: The “Return Hearing” (The Full Court Trial)

This is the most important day.

The temporary order sets a court date, usually within 10 days. This is the “return hearing.” This is when both sides come to court for a full trial.

This is not a “talk.” It is a real trial.

• Both sides have a right to have a lawyer.
• The person who filed (the Plaintiff) must prove their case. They must testify and present evidence (texts, photos, 911 calls, witnesses).
• The person accused (the Defendant) has the right to defend themselves. Their lawyer can cross-examine the Plaintiff and present their own evidence.

After hearing all the evidence, the judge will make a final choice:

1. “Grant” the 50B: The judge will sign a 1-Year Protective Order.
2. “Dismiss” the 50B: The judge finds the Plaintiff did not prove their case, and the temporary order is thrown out.

This hearing is everything. You should not go to this hearing alone, no matter which side you are on.

For Victims: “I Need Protection. How Do I Get a 50B?”

If you are scared, here is a simple plan.

Step 1: Call 911 if you are in immediate danger. Your safety is #1. This guide is for the legal process after you are safe.

Step 2: Go to the Clerk of Court’s office in your county (like the Guilford County courthouse in Greensboro or High Point, or the Alamance County courthouse in Graham). It is 100% FREE to file for a 50B.

Step 3: Ask for the “Complaint for 50B” forms. A domestic violence advocate at the courthouse can often help you fill it out.

Step 4: Be SPECIFIC. This is the most important part. Do not just write “He is mean to me.” That will be dismissed. You must write:

• “On November 1, 2025, he punched me in the left eye, causing a black eye.”
• “On November 3, 2025, he sent me 50 text messages saying ‘I will kill you’ and ‘You’ll never see your kids again.'”
• “On November 4, 2025, he followed my car from my job in Burlington to my mom’s house in Kernersville.”
• Give dates. Times. Quotes. Details.

Step 5: See the Judge. A judge will review your complaint ex parte. If they grant the temporary order, the Clerk will give you copies.

Step 6: Get it Served. The Sheriff’s Department will take your papers and serve them on the Defendant. DO NOT try to serve them yourself. It is not legal and it is not safe.

Step 7: CALL A LAWYER. You have a temporary order. That is good. But you now have a trial in 10 days. The other side will have a lawyer. You need one, too. You need a lawyer to help you get your evidence in, to ask the right questions, and to be your “shield” so you do not have to face your abuser alone.

A Stat You Need to Know: The domestic violence problem in our state is real. In one recent year, the North Carolina Coalition Against Domestic Violence (NCCADV) reported that 106 people died in North Carolina from domestic violence homicides. This is not a “small” problem. This is a life-or-death problem.

For the Accused: “I’ve Been Served with a 50B. What Does This Mean?”

This is one of the most terrifying moments of a person’s life. You just got a knock on the door, and a Sheriff’s deputy handed you papers that say you are a monster.

You are scared, you are angry, and you are confused.

STOP. BREATHE. And read this very carefully. What you do in the next 10 days will change your life.

RULE #1: DO NOT VIOLATE THE ORDER. AT ALL. We cannot say this enough. The temporary order is a real court order.

• It does not matter if the claims are 100% lies. The order is still real.
• DO NOT CALL.
• DO NOT TEXT. (Not even “Why are you doing this?!”)
• DO NOT EMAIL.
• DO NOT “LIKE” A SOCIAL MEDIA POST.
• DO NOT GO TO THEIR HOUSE (even if it’s your house).
• DO NOT ASK YOUR MOM TO CALL THEM. (This is “third-party contact” and is also illegal).

If you violate the order in any way, you will be arrested. Violating a 50B is a Class A1 Misdemeanor—the most serious kind in NC. You will go to jail, and it will make it impossible to win your 10-day hearing.

RULE #2: READ THE ORDER. What exactly does it say?

• It almost certainly says you must leave your home. You must do it. Go to a friend’s house. Go to a hotel.
• It almost certainly says you cannot see your children. This is heartbreaking, but for the next 10 days, you must follow this.
• It will order you to surrender all of your firearms. You must immediately contact the Sheriff’s office to find out how to do this. If you do not, you are committing a crime.

RULE #3: CALL AN EXPERIENCED LAWYER. NOW. You are searching for the “best lawyer near me to defend a 50B” because you know this is serious.

• This is not a “DIY” hearing.
• An allegation is NOT a conviction. You have the right to a hearing.
• But these orders are often used as a “sword” in a Divorce or Custody case. A spouse who wants the house and the kids can use a 50B to get an “instant win” at the beginning of a case. This is a huge problem.

Our Criminal Law and Family Law teams work together on these cases. We know how to defend you. We know how to cross-examine the accuser. We know how to find the “lies” in the complaint. We know how to show a judge that this is a “divorce tactic,” not real fear.

You must have a lawyer. A 1-year 50B will follow you forever.

What Can a Final 1-Year 50B Order Do?

If the judge grants the 50B after the full trial, what happens? The judge can order:

• The “no contact” order to last for one full year.
• The Defendant to stay away from the victim’s home, work, and kid’s school.
• Possession of the home to the victim (and order the Defendant to stay away).
• Temporary child custody to the victim.
• Temporary Child Support and emergency Alimony (PSS).
• The Defendant to give up ALL firearms for the entire year.
• The Defendant to attend a “batterer’s intervention” program (anger management).

This is a life-changing list.

A Stat That Will Shock You: We mentioned the gun issue. Let’s be clear why. In the US, if an abuser has access to a gun, it makes it 500% more likely that the victim will be killed. (Source: American Journal of Public Health). This is why North Carolina law takes firearms so seriously in 50B cases.

Why You Need a Local Lawyer for a 50B Hearing

This is not a “DIY” project. The stakes are just too high.

If you are the Plaintiff (Victim): You are trying to prove your case while you are scared and emotional. The other side will have a lawyer. That lawyer’s job is to cross-examine you. They will try to make you look like a “liar.” They will twist your words. You need your own lawyer to be your shield, to present your evidence, and to do the fighting for you.

If you are the Defendant (Accused): Your entire life is on the line. Your right to see your children. Your right to live in your own home. Your Second Amendment right to own a gun. Your reputation. If you “lose,” that 50B will be used against you in every single part of your divorce. You cannot afford to lose this hearing.

Our team at Huggins Law Firm, P.C., is in the courthouses of Greensboro, High Point, Asheboro, Burlington, Winston-Salem, and Kernersville every day. We know the local judges. We know the other lawyers. We know the local system.

This is a crisis. We are here to handle it. Call us.