How to Obtain a 50B Restraining Order in NC
Unfortunately, domestic violence is an all too common occurrence in the United States. In fact, the statistics are somewhat startling. Did you realize that every year about 10 million people are physically abused by a spouse or other intimate partner? The sad reality is that violence between intimate partners accounts for a full 15% of all reported violent crimes.
Leaving a violent partner is incredibly difficult. Abusers use pain, fear, humiliation, and intimidation to keep their victims from escaping. If you or someone you love is living in an abusive situation, you can get help from the court by filing for a .
If you're unsure of how to go about asking for a restraining order, or whether a 50B protective order is right for you, let DoNotPay help. We'll make sure all the paperwork is filed properly so you can feel safe as you separate from your abuser and begin your new life.
What is a 50B Restraining Order and Who Can Get One?
In North Carolina, the law that provides victims with the ability to ask for protection is called Chapter 50B. Domestic violence protective orders (DVPO), also referred to as "50B orders", are specifically for victims of domestic violence. Judges who issue 50B orders can put in place a wide range of requirements to protect a victim, which may be enforced by local or state police. To file a against someone, you must show that you have a "personal relationship" with them. Per state law, only certain categories are considered legal "personal relationships" for the purpose of filing a DVPO, the parties must be:
- Currently married or former spouses;
- People of the opposite sex who have or do live together as a couple;
- Related to one another such as parents, grandparents, or children;
- People of the opposite sex who are dating or did date romantically in the past.
If you're a victim of domestic violence and you're in a same-sex relationship, you won't be able to obtain a 50B restraining order at this time. You may, however, apply for a 50C, which is a "civil no contact" order.
What Offenses Warrant a Domestic Violence Restraining Order?
According to North Carolina law, in order to obtain a 50B restraining order, the plaintiff must show that the defendant has committed an act of domestic violence. The judge may grant your request if the defendant has:
- Caused or attempted to cause physical injury to you or your child;
- Made you fear serious bodily injury, such as holding a knife to you;
- Harassment that causes "substantial emotional distress" to the victim such as constantly calling;
- Committed sexual assault against you.
How Do I File for a Domestic Violence Protective Order?
If you're in a relationship and you're being abused or someone in your household is being hurt, you are not alone. There are several domestic violence agencies in North Carolina that assist victims at the local and state level. The people who administer these programs understand the importance of protecting victims and how a 50B order can bring security for victims. The process for obtaining a DVPO varies. In some counties, you can file from the agency office without going to court. In other counties, videoconferences are the norm. While other places require you to visit the county clerk's office for the paperwork. And, of course, you can also file online.
What Happens After I File for a 50B Order?
Once you've completed the proper forms and submitted them to the appropriate authorities, your restraining order request paperwork will be reviewed. In some counties, you'll be dealing with a judge while in other counties magistrates handle this type of thing. Whether your request is granted or not depends on the facts of the case. The process is straightforward.
- A judge reviews the paperwork you filed to request the DVPO.
- If your request is granted, the Sheriff serves the 50B paperwork to the abuser.
- Keep in mind that this is short-term and you will both have to return within 10 days so that the abuser can tell his/her side of the story in court.
- During your court appearance, you can ask the judge to keep the 50B order in place for up to one year.
What Happens if My Abuser Violates a 50B Order?
Unfortunately, a court order isn't always enough to keep an abusive individual away. If you've obtained a 50B order and your abuser is still bothering you, there are options for you. The first, and most important is that law enforcement is tasked with enforcing restraining orders involving domestic violence in North Carolina. In fact, violation of a restraining order for domestic violence is an A1 misdemeanor, which is the most serious misdemeanor charge in the state. In some cases, if an abuser violates the protective order, it may be a felony.
What Qualifies for a Restraining Order in North Carolina?
There are many reasons you may wish to keep an individual away from you. Whether it's a violent ex or someone you're currently in a relationship with, you have options. Even if you're not a victim of domestic violence, you may still get a restraining order under some circumstances. And remember, there is no cost to file for restraining orders.
|Types of Protective Orders in North Carolina||Used When|
|Domestic Violence Protective Orders ("50B orders")||Someone you are in a close relationship with abuses you, sexually assault you or harasses you per state law.|
|Civil No-Contact Orders ("50C orders")||Someone you are NOT in a relationship with or related to, sexually assaults or harasses you.|
|Civil No-Contact Orders for Victims of Registered Sex Offenders ("50D orders")||Provides life-long protection for victims of convicted sex offenders.|
Request a 50B Restraining Order With the Help of DoNotPay
Asking for a restraining order to keep an abusive person away from you is a very tough thing to do. In fact, it can be downright nerve-wracking and scary. But, you're not alone. In fact, DoNotPay will help you every step of the way.
How to apply for a restraining order with the help of DoNotPay:
- Search for relationship protection on DoNotPay.
- Answer a few easy questions on our File a Restraining Order product.
- Submit the form and you're done!
DoNotPay will compile all the forms you need to fill out and we'll provide you with detailed instructions on how to file for a restraining order in your jurisdiction.
Get a Restraining Order Anywhere With DoNotPay
Unfortunately, a restraining order in North Carolina isn't as easy to enforce if you move to another state. If you feel like you're in danger or your minor children are in danger, take action to protect yourself. With DoNotPay, it's easy to start the process of applying for a DVPO in any state. For example:
Is There Anything Else DoNotPay Can Do?
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