DOMESTIC VIOLENCE & Protective orders
What Is a 50B in North Carolina?
In 1979, North Carolina General Assembly enacted the Domestic Violence
Act (N.C. Gen. Stat. § Chapter 50B), to deal with the increasingly
recognized issue of domestic violence. This statute protects a wide spectrum
of individuals, including:
- Current or former spouses.
- Current or former household members.
- People of the opposite sex who are dating each other or have dated each
other in the past.
- People living with a person of the opposite sex.
- Children and their parents or grandparents.
- People acting in the role of a child's parent.
- People who have a child in common.
Under this statute, any act which intentionally causes, or attempts to
cause, bodily injury is classified as domestic violence. Any act which
places a person in fear of "imminent serious bodily injury"
by threatening the use of force is also domestic violence, as are sexual
violence and non-consensual sexual contact.
The statute also protects against acts of "continued harassment,"
which consists of unwanted communications that serve no legitimate purpose.
These communications can include:
- Face-to-face confrontations.
- Telephone calls.
- Text messages.
- Electronic messages.
- Emails that terrorize or torment a person.
In Wake County, North Carolina, you can contact InterAct of Wake County's 24 Hour Crisis Line at 919-828-7740 or 866-291-0855 (toll-free).
Restraining Orders
To obtain a protective court order against your abuser, you must file a
complaint at your county courthouse (or if the courthouse is closed, with
your local county magistrate) alleging the specific facts of domestic
violence and your relationship to the abuser.
The complaint forms are available from the Clerk of Superior Court at all
county courthouses in North Carolina, or from the magistrate's office
after regular courthouse hours.
By law, no court costs will be assessed for the filing of a complaint seeking
a domestic violence protective order.
Ex Parte
Based upon your complaint, the court may issue an ex parte protective order.
“Ex parte” is a legal term meaning that the court entered
the order based on a hearing in which one of the parties was not present.
In an ex parte order, the court can order that you be given possession
of your: home, personal property, household possessions, vehicles, and
animals kept as pets.
The court may also order that your abuser stay away from your residence,
place of employment, or your children's schools, and in some cases, custody
of minor children you share can be awarded on a temporary basis.
Return Hearing
By law, the court must conduct a second hearing (a "return hearing")
within 10 days after issuing an ex parte protective order. At that hearing
you will again testify to the specific facts of domestic violence.
Your abuser will also have the opportunity to testify in his or her own
defense. Witnesses may be called to testify as well.
If the presiding judge is convinced that acts of domestic violence took
place after hearing testimony from the parties and any other witnesses,
the court will issue a permanent protective order which is effective for one year.
Renewing Protective Orders
Protective orders automatically terminate after one year. Prior to its
termination, a victim may apply to the court for the renewal of his or
her protective order for up to an additional two-year term (which can
itself be renewed for "good cause" prior to its expiration).
Once you obtain a protective order, the Sheriff's Department in your county
will attempt to serve the order on your abuser as soon as possible. You
should also keep a copy of the protective order ready at hand if there
is any future need to call the police for protection against your abuser.
Serving Cary, Raleigh, & Surrounding Areas
If you have experienced domestic violence, you are not alone. It is estimated
that more than 4 million women in the United States are subjected to domestic
violence each year.
Although women make up the vast majority of those who experience domestic
violence (85%), men and children are also affected. There are specific
laws in North Carolina that provide quick and effective protection to
domestic violence victims.
If your abuser becomes uncontrollably violent, and you believe that you
or your children are in danger,
you should immediately call the police. When you have reached safety, you should then call the domestic violence
agency in your county for additional advice and directions to a shelter
if you are fearful of returning home.
For more information, please
contact us at (919) 348-2317.
Our team can provide you with resources and support from domestic violence groups.
