Attorney With Experience in 50B Domestic Violence Protective Orders in Burlington, Graham, Mebane and North Carolina
What is a 50B Restraining Order?
Resources contained on this page is from the EnoughNC’s Protective Order – 50B resource page.
A Domestic Violence Protective Order (sometimes commonly referred to as a “restraining order” or a “50B order”) is a restraining order that is designed specifically for victims of domestic violence to give them the protection they need from the abuser. It is different from a general restraining order because it allows a judge to order more specific forms of protection for a victim and law enforcement also has the power to enforce it by charging an abuser criminally if the abuser violates the DVPO.
Actions That May Result in a 50B Restraining Order
In order to file for a 50B restraining order against an abuser, the alleged victim must have a “personal relationship” with the abuser. Domestic violence, as defined by the US Department of Justice, is “a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner.” The couples be married and unmarried, as long as they are in a relationship. It also includes more than just physical acts of aggression. It’s anything that asserts or maintains control over another. Some common examples include:
- Physical abuse – hitting, shoving, slapping
- Psychological / mental abuse – threatening to harm loved ones, destruction of property
- Emotional abuse – Relentless criticism
- Sexual abuse – non-consensual sex, rape
- Economic abuse or financial abuse – preventing access to money or employment
- Spiritual abuse – preventing access to religious activities
How to File a Restraining Order
You have to file a complaint (lawsuit) seeking a Domestic Violence Protective Order (otherwise known as a restraining order or as a “50B”). If it is at night or on the weekend, you do this through the magistrate’s office. If it is during the week, you do it through the civil clerk of court. In the complaint, you set out the details of the act of violence or threat of violence that caused you to seek the Domestic Violence Protective Order. You will then appear before the judge or magistrate to describe what happened. If the judge or magistrate determines you are entitled to an emergency Ex Parte Protective Order, it will be issued at that time. Your abuser is not notified of or present for the emergency hearing. The emergency order is valid until there can be a hearing on the issue, at which hearing the abuser will be present. This hearing is held within 10 days. If the judge determines at the full hearing that you are entitled to a Domestic Violence Protective Order, one will be issued. If you and the other party agree to do so, you may also enter a Domestic Violence Order, with or without findings of fact, by consent. This order will be valid for one year, but may be renewed at the end of one year for an additional time of up to two years.
Take the Next Step and Schedule a Consultation Today.
Take control of the next step and call one of Alamance County’s best 50B restraining order team: Ector Law Firm. Schedule a consultation by calling our friendly team at (336) 570-2211.
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