North Carolina offers survivors of violence, stalking, or harassment two primary forms of legal protection: the 50B Domestic Violence Protective Order (DVPO) and the 50C Civil No-Contact Order. Each case is unique, and understanding which order best fits your situation is a crucial first step toward ensuring your safety.

50B Domestic Violence Protective Orders (“DVPO”)

To obtain a 50B DVPO, a moving party must prove two key elements:

  1. A qualifying personal relationship that exists between the moving party (or their minor child) and the offender, and
  2. That the offender committed one of the acts of domestic violence as defined by North Carolina General Statute Section 50B-1(a).

Qualifying “Personal Relationships”

Qualifying relationships includes:

  1. Are current or former spouses;
  2. Are persons who live together or have lived together;
  3. Are related as parents and children, including others acting in loco parentis to a minor child, or as grandparents and grandchildren;
  4. Have a child in common;
  5. Are current or former household members; or
  6. Are persons of the opposite sex who are in a dating relationship or have been in a dating relationship. For purposes of this subdivision, a dating relationship is one wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship. A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship

Acts of Domestic Violence

Under North Carolina law, domestic violence is defined as when the offender:

  1. Attempts to cause bodily injury, or intentionally causes bodily injury or
  2. Places the aggrieved party or a member of their family/household in fear of imminent serious bodily injury or continued harassment, as defined by law, that rises to a level causing substantial emotional distress; or
  3. Commits rape or another sexual offense as defined by law.

Duration and Enforcement

Initially, a DVPO can be granted in an emergency setting, during which a hearing where the moving party is before the Court “ex parte” – the defendant/accused abuser is not present for the hearing. Due to the “ex parte” nature of the hearing, said emergency DVPO will only be in place up to approximately 10 days (unless there exist other issues like serving the defendant with the court filings). The Court will set a hearing by the 10 day mark so the defendant is given notice of the hearing’s details and is able to be present on any further litigation surrounding the granting or dismissal of a DVPO.

If granted, an initial DVPO can be granted for up to one year. The order will usually require the offender to avoid all contact with the moving party and to stay away from places such as their home, school, or workplace. Depending on the case, a DVPO may also address additional issues such as temporary child custody or possession of a shared residence, until the more appropriate family law action is filed with the domestic courts.

Violating a DVPO is a crime and carries serious consequences. Offenders may face both criminal and civil penalties, including possible imprisonment.

Renewal

A DVPO may be renewed before it expires if a judge finds good cause to support the renewal. Renewed DVPOs can be granted for up to two additional years, and there is no limit on how many times a DVPO may be renewed as long as good cause is shown for each renewal.

50C Civil No-Contact Orders

If no qualifying 50B relationship exists, victims of sexual assault, harassment, or stalking may seek protection under a 50C Civil No-Contact Order (“50C Order”).

Who Qualifies?

50C Orders commonly apply to:

  • Strangers or acquaintances.
  • Distant relatives.
  • Coworkers or classmates.

Relief Available and Enforcement

A 50C Order can prohibit contact between the moving party and offender by requiring the offender to stay away from the moving party’s home, workplace, or school. As with a DVPO, a 50C Order typically is granted for up to one year and may be renewed upon a showing of good cause.

The key difference between a 50B and 50C Order is enforcement. Violating a 50C Order is not a crime, and therefore does not result in automatic arrest of the offender. Instead, the court enforces violations through civil or criminal contempt proceedings when a motion is filed and a 50C violation is properly noticed before a Court.

Takeaway

North Carolina’s protective order system is designed to keep survivors of abuse safe, but choosing the right type of protective order is essential. If you are unsure whether your situation calls for a 50B Domestic Violence Protective Order or a 50C Civil No- Contact Order, an experienced family law attorney can guide you through the process and advocate for your protection.

If you or somebody you know wants to learn more about protective orders, our team at Modern Legal is here to help.

Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.

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