One or more of the following acts upon an aggrieved party or upon a minor child residing with or in the custody of the aggrieved party:

1. Attempting to cause bodily injury, or intentionally causing bodily injury; or
2. Placing the aggrieved party or a member of the aggrieved party’s family or household in fear of imminent serious bodily injury or continued harassment, that rises to such a level as to inflict substantial emotional distress; or
3. Committing any act defined in G.S. 14-27.2 through G.S. 14-27.7 N.C.G.S. § 50B-1(a).

1. Current or former spouses;
2. Persons of the opposite sex who live together or have lived together;
3. Related as parents and children or as grandparents and grandchildren unless the child or grandchild is under the age of 16;
4. Persons who have a child in common;
5. Current or former household members (this point can be utilized to help individuals in a same-sex relationship, who are not married, but who are victims of domestic violence, obtain a 50B Order); or
6. Persons of the opposite sex who are or have been in a dating relationship

1. Grant a party possession of the residence or household of the parties and exclude the other party from the residence or household;
2. Require a party to provide a spouse and his or her children suitable alternate housing;
3. Award temporary custody of minor children and establish a temporary safe visitation plan;
4. Order the eviction of a party from the residence and order assistance to the victim returning to the home;
5. Order either party to make child support payments;
6. Order either party to make spousal support payments;
7. Provide for possession of personal property of the parties;
8. Order a party to refrain from doing any or all of the following:
   1. Threatening, abusing, or following the other party;
   2. Harassing the other party, including by telephone, visiting the home or workplace, or other means; or
   3. Interfering with the other party;
9. Order the batterer to stay away from the victim’s school and places where the children live or go to daycare or school;
10. Award either party court costs and attorney’s fees;
11. Order the defendant* not to possess or purchase any firearms;
12. Order any party the court finds is responsible for acts of domestic violence to attend and complete an abuser treatment program; or
13. Include any additional prohibitions or requirements the court deems necessary to protect any party or any minor child. N.C.G.S. §50B-3(a).

*The terms “defendant” and “abuser” are used interchangeably throughout this page.

With your 50B Order, you can request temporary custody of your children. The Complaint and Motion for Domestic Violence Protective Order form allows you to request that the court award you temporary custody of your children if the abuser is the other parent of your children. If granted, the court will attach a temporary custody addendum to the protective order detailing its mandate regarding custody.

You may ask the court to consider the following in its temporary custody decision:

• Supervised visitation (where some responsible adult or agency supervises during the visitation time between the children and the other parent);
• Third-party exchange (where you choose a person who will be available to facilitate the exchange. For example, you drop the children off with the third party 15 minutes before the other parent is scheduled to arrive for his or her visitation);
• Safe-place exchange (where you and the other parent meet in a safe place to exchange the children, usually the police department); or
• Therapeutic visitation (where the children and the other parent see each other only in therapy together).

Your 50B Order will be valid throughout North Carolina and the United States. Always keep a copy with you and extras at your place of employment, in your car, and with your friends. If the order covers your children, you may need to provide a copy to their school, care providers, etc. If you move to a new city, it is a good idea to take a copy to your local police department to make sure it is registered with them. Generally, the Domestic Violence Protective Order is a means of deterrence but it is not a force field that magically keeps your abuser from you. You may want to keep an updated safety plan just in case you are confronted by your abuser in the future, and you should always be aware of your surroundings to avoid confrontations.

Although you do not need an attorney to proceed with your Motion for a 50B Domestic Violence Protective Order, it may prove beneficial to have an experienced attorney who has represented other victims going through the same or similar situation as you. Court can be intimidating, particularly when you are faced with the daunting reality of confronting your abuser. You may become nervous or scared and a qualified attorney can often help calm your fears and put your mind at ease. You should also remember that should you decide to hire an attorney, he or she can request reimbursement of attorney’s fees from the abuser in your court case. Whether you receive such an award is in the sole discretion of the judge.

If the following circumstances arise in your case, it is recommended that you consider hiring an attorney:

1. The abuser appears in court with an attorney (If this happens you may want to ask the judge to postpone your hearing by asking for a “continuance,” and to extend your emergency Ex Parte 50B Order until the new hearing so you can hire an attorney or attempt to obtain one through Safe Alliance);
2. Where the evidence is complex (i.e., using medical records or statements in medical records);
3. Where testimony of a doctor or other expert physician is required;
4. Where the last incident(s) of physical abuse were over a year ago;
5. Where the only, or only recent, incident of domestic violence was a threat;
6. Where you cannot speak well for yourself, perhaps just because you have been so intimidated from the abuse or English is not your first language; or
7. Where there are issues regarding child sexual abuse.

Chapter 50C of the North Carolina General Statutes was enacted to expand protections for victims who do not meet the personal relationship requirement of Chapter 50B. You may seek a 50C order if you, or your child, are the victim of “unlawful conduct” occurring in North Carolina.

“Unlawful conduct” is defined under the statute as the commission of one or more of the following acts upon a person, but does not include acts of self-defense or defense of others:

1. Nonconsensual sexual conduct, including single incidents of nonconsensual sexual conduct.
2. Stalking, defined as following on more than one occasion or otherwise harassing, as defined in G.S. 14-277.3(c), another person without legal purpose with the intent to do any of the following:
   • Place the person in reasonable fear either for the person’s safety or the safety of the person’s immediate family or close personal associates.
   • Cause that person to suffer substantial emotional distress by placing that person in fear of death, bodily injury, or continued harassment and that in fact causes that person substantial emotional distress.

A civil no-contact order may grant one or more of the following forms of relief:

1. Order the respondent not to visit, assault, molest, or otherwise interfere with the victim.
2. Order the respondent to cease stalking the victim, including at the victim’s workplace.
3. Order the respondent to cease harassment of the victim.
4. Order the respondent not to abuse or injure the victim.
5. Order the respondent not to contact the victim by telephone, written communication, or electronic means.
6. Order the respondent to refrain from entering or remaining present at the victim’s residence, school, place of employment, or other specified places at times when the victim is present.
7. Order other relief deemed necessary and appropriate by the court, including assessing attorney’s fees to either party.

Similar to 50B Orders, 50C Orders can be temporary or permanent in nature. If granted, a temporary 50C civil no-contact order will be effective for not more than ten days unless the court finds good cause to extend the temporary order beyond that time. A permanent civil no-contact order will be effective for a fixed period of time not to exceed one year. A knowing violation of a 50C no-contact order is punishable as contempt of court.