To start the lawsuit against your abuser, fill out a Complaint and Motion for Domestic Protective Violence Order and file it with the Clerk of Court or the magistrate's office if after regular work hours.  In your Complaint, it is important that you be as detailed as possible about any abuse that occurred, including when it occurred.  Use specific dates if you can and describe in detail the violence and injuries that occurred.  If you are in a long-term abuse situation, use the two most recent incidents and the worst two incidents, indicating that numerous other incidents have taken place for however many years they may have taken place.  Make at least two (2) copies of your Complaint-give the original to the clerk, one copy to the Sheriff to serve on the Defendant (the abuser); and keep one for yourself.

While at the Clerk's office, you also need to fill out a Summons to file with the Complaint.  This will be served upon the Defendant with your Complaint alerting him that a lawsuit has been filed against him.  You will make three (3) copies of this and also fill out an Identifying Information About Defendant-Domestic Violence Action.  This will give the sheriff information about where to find the Defendant and how dangerous he is-for example whether he uses drugs or alcohol.  In order to best help the sheriff, be sure to list as many places to locate the Defendant as possible, including where he stays, works, where his parents live, and any other places he goes on a regular basis.  

When you file your lawsuit, you will need to pay a filing fee.  The filing fee for your 50B lawsuit in Mecklenburg County is $40.00 and the sheriff's service fee is $15.00.  If you can afford this fee, you will take it to the Clerk in the Civil Courts Building when you file your Summons and Complaint. However, if you can not afford this fee, you can fill out a Petition to Sue/Appeal as an Indigent and sign it in front of the clerk.  The reality is that little will prevent you from filing a 50B Complaint, even a temporary lack of money.  There are a few more papers you will need to fill out before you leave the Clerk's office, among them the Domestic Violence Protective Order Notice of Hearing (tells the Defendant when your hearing is scheduled), the Ex Parte Domestic Violence Protective Order, and the Domestic Violence Protective Order.  You will give these forms to the Clerk for the judge to fill out later.