North Carolina Restraining Orders
This guide briefly explains what a 50B, also known as a no contact or restraining order, entails in North Carolina.
What is a 50B?Chapter 50B covers domestic violence between:
-Current or former spouses;
-Persons of the opposite sex who live together or have lived together;
-Those related as parents and children, including those acting in loco parentis to a minor child, or as grandparents and grandchildren;
-Those who have a child in common;
-Those who are current or former household members; or
-Those currently or formerly in a dating relationship.
Domestic violence occurs when one attempts to cause bodily injury or does cause bodily injury to another, or places a person or a member of the person's house hold in fear of imminent serious bodily injury or continued harassment.
How do I obtain a 50B?A person may request a 50B through the North Carolina court system by filling out the appropriate paperwork. There is no fee or cost to apply. The plaintiff/alleged victim will explain his or her reasons to the judge why a no contact order is necessary. The defendant, meaning the person the 50B is filed against, will have an opportunity made his or her voice heard through a hearing in front of a judge. This tends to resemble a trial. If the 50B is granted, certain conditions will be set by the judge, which may include an order to not contact the alleged victim, not be in certain areas at certain times if the alleged victim is expected to be there, and an order not to possess any firearms.
What if someone has filed a 50B against me?If someone has filed a 50B against you, contact a North Carolina attorney in the county the 50B was filed in. An attorney will be able to explain the consequences if a 50B is entered against you, and how you can contest the 50B through a hearing.