North Carolina Protective Orders Laws

Keeping an abuser away from a victim is of utmost importance. North Carolina has three different kinds of protective orders to help achieve that goal. While not a perfect method of prevention, these restraining orders are often an effective means of relief for victims. Their combination of provisions and penalties can deter abusers from striking again.

The laws dealing with North Carolina protective orders are complex. There’s often overlap between types of abuse. To help you know which one you need, this article will describe who each order is designed for, what it can do, and how to get one through the court system. Let’s figure out the right protective order for your situation.

North Carolina Protective Orders: Types Available

Protective orders in North Carolina are designed to help victims of abuse find an escape from the endless and vicious cycle of abuse. The applicable order depends on both the relationship between the victim and the abuser and the type of criminal act involved.

North Carolina orders are often referred to by their code chapter under state law. All orders issued in the state of North Carolina remain in effect anywhere in the United States. This is federal law through the Violence Against Women Act (VAWA). Let’s take a look at the different orders one at a time.

North Carolina Domestic Violence Protective Order (DVPO)/50B Order

Certain crimes committed between people sharing a personal relationship are considered domestic violence or spousal abuse in North Carolina. A North Carolina domestic violence protective order (DVPO) is also known as a 50B order based on its presence in Chapter 50B of the North Carolina General Statutes. It is only available to victims of domestic violence and spousal abuse.

Domestic abuse occurs between family members, intimate partners, and household members. To qualify as domestic violence, the people involved must share one of the following relationships:

• Spouses and former spouses
• People dating one another (including same-sex couples)
• People who have dated one another (including same-sex couples)
• People with a child in common
• Parents and children (minor children must be 16 or older to have a DVPO against them)
• Grandparents and grandchildren
• People of opposite sexes who live together or have lived together
• Current and former household members
• Guardians and stepparents of children

Although the state legislature has not amended the language of the statute to include same-sex couples in dating relationships, the courts have held that they fall under the statute’s protection.

The people involved are half the requirement for domestic violence classification. One or more of the following abusive acts must take place between them:

• Causing a bodily injury with intent
• Attempting to cause a bodily injury
• Sexual offenses that include but are not limited to:
  • Sexual assault
  • Rape
  • Statutory rape
• Causing fear of imminent serious bodily injury
• Inflicting substantial emotional distress by using continued harassment to cause fear
• Terrifying, tormenting, or terrorizing a person

A DVPO/50B order lists provisions tailored to each case’s requirements. For example, people in a dating relationship without children wouldn’t need a custody provision. We’ll cover applying for an order a little later in the article.

There’s no one-size-fits-all DVPO, but some provisions are often used. Conditions that are common inclusions in DVPOs/50B orders include:

• Ordering the defendant (abuser) to obey a no-contact order with the plaintiff (victim)
• Ordering the defendant (abuser) to stop:
  • Harassing the plaintiff
  • Abusing the plaintiff
  • Threatening the plaintiff
  • Following the plaintiff
• Ordering the defendant to vacate a shared residence and not return
• Ordering the defendant to provide the plaintiff with a suitable alternate residence
• Requiring the defendant to attend and complete an approved abuser treatment program
• Awarding temporary custody of minor children and establishing temporary visitation rights
• Ordering payments for the support of a minor child
• Ordering spousal support payments
• Ordering a party to surrender all firearms for the duration of the order
• Determining possession of personal property of the parties
• Determining custody of any shared domestic animals and forbidding the defendant from abusing or harming said animals
• Awarding attorney’s fees to either party

The court can include any provision it considers necessary. Your DVPO could include some, all, or none of the conditions listed here.

Civil No-Contact/50C Order

Also called a 50C order, a North Carolina civil no-contact order is for victims of stalking or unwanted sexual conduct when there is no personal relationship. If they do share a personal relationship, the victim would apply for a DVPO/50B order instead.

The protections offered by a civil no-contact order/50C order have a narrower focus than those of a DVPO/50B. The basic intent is to cut off all contact between the victim and the abuser. Victims applying for a civil no-contact order/50C order can expect some or all of the following provisions in their order:

• Respondent (abuser) cannot:
  • Assault the victim
  • Molest the victim
  • Visit the victim
  • Interfere with the victim
  • Stalk the victim anywhere
  • Harass the victim
  • Injure the victim
  • Abuse the victim
• Respondent cannot contact the victim by phone calls, written communication, or electronic means such as text messages
• Respondent cannot enter or be present at the victim’s residence, school, place of employment, or other specified places at times when the victim is present
• The court can assign attorneys’ fees to either party

The court can add any additional conditions for the victim’s safety. Civil no-contact orders/50C orders are procured in a similar matter as a 50B, which we’ll explain after we look at the final North Carolina protective order.

Permanent Civil No-Contact Order Against Sex Offender on Behalf of Crime Victim (50D Order)

Like a DVPO/50B order, a permanent civil no-contact order against sex offender on behalf of a crime victim or 50D order has two required elements. If the offender is convicted of the sex offense committed and the criminal act requires registration on the sex offender registry, the victim is eligible for a 50D order.

A 50D order may be included as part of the sentence against the offender for the act itself. If not, the victim can file for one themselves. As the name indicates, the 50D order is permanent and lasts the entire lifespan of the offender. They are not permitted to have any contact at all with the victim.

North Carolina Protective Orders: How To Get One

The process for getting either a DVPO/50B order or a civil no-contact order/50C order is somewhat similar. There are slight differences in how each county handles applications and emergency orders. Contact your local courthouse for details and help.

If you require an immediate protective order but the courts are closed, you can either call 911 or contact a magistrate, if your county has one for emergency orders. Advocates are also available for assistance. Forms are available at courthouses and online for both DVPO/50B orders and civil no-contact orders/50C orders.

Once filed with the clerk’s office, the clerk of court notarizes your petition and takes it to a judge or magistrate. The judge may ask you questions. If the court agrees that you’ve suffered abuse and/or are in danger, an ex parte temporary protective order is issued. The term ex parte means that only one party is present at the hearing for the initial order.

Law enforcement will serve the order to the defendant (50B order) or respondent (50C order). The temporary order usually lasts either 10 days or until your full court hearing. If law enforcement has trouble serving the order, the court will extend the temporary order. If the defendant/respondent opposes the order, your hearing date takes place within seven days of service.

At the full court hearing, both sides tell their version of what happened. Evidence and witnesses are presented. If the court agrees that the defendant/respondent has committed abuse or is still a danger, the temporary order becomes permanent. The court may add or amend provisions as appropriate. The permanent order lasts up to a year and is extendable if there’s a hearing before expiration.

For a permanent civil no-contact/50D order, the petitioner (victim) can file in district court or file a motion to add it to an existing civil action. You can request a temporary ex parte order if you need immediate relief. As mentioned before, 50D orders are often included with sentences for sexual assault and stalking crimes.

Like the other orders, a full court hearing is necessary to get the permanent order. If the court approves, there will be a lifetime ban on contact with the victim.

North Carolina Protective Orders Laws: Violations of Orders

To be effective, protective orders require the victim to respond to any violation by the abuser. Law enforcement can arrest for any violation of a DVPO/50B order or civil – no contact/50D order. In cases of a civil – no contact/50C order, they may refer you to follow up through the legal system to enforce the terms of the order.

Violating the terms of a protective order can result in arrest or contempt of court. No one should take the terms of a protection order lightly.

Those subject to a protective order should know that a victim cannot modify the order or give permission for acts prohibited in the order. The only way to change the terms of the order once it’s issued is for a party to return to court and request a modification.

Violation penalties are often additional to the sentences for the crimes committed during the violation itself. The punishments differ between the orders.

A DVPO/50B order carries the following potential penalties:

• First or second violation (Class A1 misdemeanor): Up to 150 days in jail and/or a fine set by the court
• Third or subsequent violation OR entering a safe house/shelter OR in possession of a deadly weapon during a DVPO violation (Class H felony): Between four and 24 months in prison and/or a fine set by the court

Any felony committed during the violation of a DVPO/50B is enhanced by one level. A Class H felony becomes a Class G felony, and so on.

Violations of a civil no-contact order/50C order are contempt of court. These can be either civil contempt or criminal contempt. The victim must file a complaint in district court. Penalties for violations are:

• Civil contempt: Up to 90 days in jail per offense and up to 12 months at any one time
• Criminal contempt: Up to 30 days in jail and a fine of up to $500

Violations of a permanent civil no-contact order/50D order are a Class A1 misdemeanor. This carries a penalty of up to 150 days in jail and/or a fine determined by the court.

North Carolina Protective Order Laws: A Recap

We hope you’ll never need a protective order. If you do, we’ve summarized what you’ve learned in the table below and added helpful links.

Note: North Carolina state laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult a North Carolina domestic violence attorney or conduct legal research to verify the status of any North Carolina law(s) you are researching.

North Carolina Protective Orders Laws: Related Resources

• North Carolina Coalition Against Domestic Violence
• North Carolina Court Locator
• Orders of Protection and Restraining Orders
• National Domestic Violence Hotline 1-800-799-SAFE (7233)
• North Carolina Victim Assistance Network
• Statewide Automated Victim Assistance and Notification System (SAVAN)

Other Helpful North Carolina Articles

• North Carolina Domestic Violence Laws
• North Carolina Spousal Abuse Laws
• North Carolina Visitation Rights
• North Carolina Child Custody Laws

Need Legal Help With Protective Orders? Speak to an Attorney

If you’re in immediate danger, call 911. Restraining orders aren’t foolproof, but the court order can give you immediate protection to avoid an act of domestic violence. A North Carolina domestic violence attorney can utilize their knowledge of family law to provide expert legal advice for a better life.

If you’re facing criminal charges for domestic or sexual abuse or a violation of a restraining order, speak to a North Carolina criminal defense attorney. They can examine your case and represent you in court.