The Two Types of Protective Orders in North Carolina

Unless or until they have experienced domestic abuse personally, many people do not understand that it only takes an instant for an altercation to become violent. Domestic violence protective orders are issued in many cases involving domestic assault as a way to prevent victims from coming in contact with their alleged abusers for a specific amount of time.

Whether you were the victim of domestic violence or have been accused of an offense like spousal abuse, it is important to be familiar with the types of domestic violence protective orders available here in North Carolina. The family law attorneys at Epperson Law, PLLC, are committed to providing our clients with comprehensive legal guidance when it comes to domestic violence protective orders and restraining order guidelines.

What types of protective orders and restraining orders are available?

There are two types of domestic violence protective orders that can be issued in the state of North Carolina.

• The first is known as an ex parte temporary protective order. This type of protective order can provide immediate protection for domestic violence victims, as it can be issued by a judge the same day that a petition for a protective order is submitted. The ex parte protective order typically applies in cases where there is an immediate threat of violence to a spouse or child, and imposes restrictions up until the first court hearing occurs.
• Unlike an ex parte temporary protective order, a final domestic violence protective order (DVPO) can last up to one year, and may be extended for up to two years in some cases. A final protective order goes into place after a full court hearing takes place.

Additionally, in the event that you have been accused of domestic violence, it is important to note that an ex parte order can be issued without your presence. However, you do have the opportunity to challenge the claims against you in a court hearing.

What is a no-contact order (50C) in North Carolina?

There are several different types of restraining orders available depending on the relationship you have with the other individual. A no-contact order, also called a 50C, is an order of protection designed for victims of assault or stalking who have no personal relationship with the alleged offender. If you do have a personal relationship, you should file for a DVPO. A no-contact order prevents the offender from stalking, visiting, harassing, contacting or entering certain spaces for a specific period.

What is a 50B order?

A 50B order in North Carolina is another type of restraining order. However, it’s different from a general restraining order because it provides a judge the discretion to give the victim specific protections. You may only file a 50B if you have a personal relationship with the alleged offender. Personal relationships include:

• Current or former spouses
• Persons of the opposite sex who live together or formerly lived together
• Family members
• Persons who have a child in common
• Persons of the opposite sex in a dating relationship or formerly in a dating relationship

It’s extremely important to note that, as of January 2020, same-sex couples in North Carolina are still not afforded the same domestic violence protections as opposite-sex couples and typically must seek 50C orders rather than 50B. Our attorneys can help you work through these matters.

The family law attorneys at Epperson Law Group, PLLC can answer all of your questions about domestic assault, restraining and protective orders, and any related legal considerations. Our goal is to protect the best interests of you and your family. If you need help, please contact us right away. Call 704-859-2287 or fill out our contact form. We serve clients in Charlotte, Weddington, Boone, and throughout North Carolina.

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