What is a protective order in North Carolina?
A protective order, also called a 50B order or a Domestic Violence Protective Order (DVPO) in North Carolina, is a legal document issued by the court to protect victims of domestic violence from further harm. Its primary purpose is to limit or prohibit contact between the alleged abuser and the person seeking protection.
Protective orders are civil in nature but can have serious criminal consequences if violated. They can:
- Order the accused to stay away from the victim’s home, workplace, or children
- Require the accused to surrender firearms
- Provide temporary child custody or support
- Mandate no contact via phone, text, email, or social media
While often tied to domestic violence cases, protective orders can also apply in situations involving stalking, threats, or harassment.
If you’ve been served with a 50B order or need help defending your rights, our team at Martine Law is here to help.
Types of protective orders in North Carolina
There are several types of orders available depending on the situation and relationship between the parties.
1. Ex parte (emergency) protective order
This is a temporary order issued without your presence in court. If someone claims they’re in immediate danger, a judge can issue a protective order the same day the complaint is filed.
- Lasts up to 10 days or until the full court hearing
- Can remove you from your home immediately
- Often includes no-contact provisions
2. Domestic Violence Protective Order (DVPO)
This is issued after a formal court hearing where both sides can present evidence. If granted, it typically lasts up to 1 year, and can be renewed.
3. 50C Civil No-Contact Order
This applies when there’s no domestic relationship between the parties (e.g., stalking by a coworker or neighbor). It’s a similar no-contact order, but under different legal grounds.
You can read more about DVPOs in Chapter 50B of the NC General Statutes.
Who can file a protective order?
In North Carolina, a person can file for a protective order if they have a “personal relationship” with the alleged abuser. This includes:
- Current or former spouses
- People who live together or have lived together
- Individuals who share a child
- Family members or roommates
- Current or former dating partners
The person seeking protection (the plaintiff) must claim that the accused (the defendant) has committed one of the following:
- Physical abuse or threats
- Harassment or stalking
- Sexual assault
- Attempted or actual harm
Our domestic violence defense attorneys can help evaluate your case and determine whether a protective order is likely to be granted or challenged successfully.
What happens when you are served with a protective order?
If you’ve been served, you must take it seriously. Violating a protective order — even unintentionally — can result in criminal charges and jail time.
You will receive:
- A copy of the order
- A notice of the court date for the full hearing (usually within 10 days)
- Possibly an order to vacate your home or stay away from certain people or places
Here’s what to do immediately:
- Read the order carefully. Know what is and isn’t allowed.
- Do not contact the petitioner — even to “work things out.”
- Follow all restrictions until your hearing.
- Hire a criminal defense attorney right away.
- Gather evidence that supports your defense (messages, call logs, witness testimony).
Martine Law’s Charlotte criminal defense lawyers regularly represent clients at DVPO hearings and can help prevent a temporary order from becoming permanent.
How does the court process work for a protective order?
The protective order process is fast-moving. It typically begins when the petitioner (the alleged victim) files a complaint in civil court.
The process:
- Filing and ex parte review: A judge may issue a temporary order the same day.
- Service of process: Law enforcement delivers the order to the accused.
- Court hearing: Uually held within 10 days, both parties can present evidence and witness testimony.
- Decision: The judge either grants or denies the protective order.
- Duration: If granted, the DVPO is active for up to one year and can be renewed.
You have a right to be heard and represented at this hearing. The outcome can affect everything from your living situation to your criminal record.
What happens if you violate a protective order in North Carolina?
Violating a protective order is not just a civil matter — it becomes a criminal offense under North Carolina law. The first violation is usually a Class A1 misdemeanor, the most serious type of misdemeanor in the state.
Possible violations include:
- Contacting the protected person (even once)
- Showing up at their home, job, or school
- Calling, texting, or messaging through social media
- Possessing firearms while under a DVPO
- Failing to surrender firearms as required
- Violating temporary custody or visitation provisions
Legal consequences:
- Jail time of up to 150 days (for a first offense)
- Felony charges for repeated violations
- Revocation of probation if currently under supervision
- Contempt of court
- Loss of gun rights
- Complications in related family law matters (e.g., child custody)
If you’ve been accused of violating a protective order, contact a defense lawyer immediately. The court takes these cases seriously, and even accidental contact can be used as evidence.
Can protective orders be removed or modified?
Yes. You can request a hearing to modify or dismiss the order if circumstances change.
You may request modification if:
- You believe the order was issued based on false information
- The protected party has contacted you first
- You need access to shared property, a home, or your children
The court will weigh the risk of harm to the petitioner before changing the order. A lawyer can help you file the correct motion and present your case effectively.
If you’re unsure whether the order is still valid or if you can safely reach out, do not risk it. Let your lawyer speak on your behalf.
How do protective orders impact other legal matters?
DVPOs don’t exist in a vacuum. They can impact — and be influenced by — other legal issues.
Related legal complications:
- Criminal Charges: A protective order violation can lead to assault, stalking, or harassment charges.
- Divorce & Custody: The order can impact child custody, parenting time, and even alimony.
- Employment: Employers may act against you if you are publicly named in a DVPO.
- Housing: If you live with the protected party, you may be forced to move out — even if your name is on the lease.
Protective orders are often used strategically in divorce and custody battles. That’s why it’s important to fight false claims early and aggressively. Our criminal defense team has seen how these cases unfold and how to dismantle shaky allegations.
Frequently asked questions
What if the protected person contacts me?
You must still follow the order. Even if the other person calls, texts, or invites you over, you can be arrested for violating the order.
Will this go on my criminal record?
Yes, a violation of a protective order is a criminal offense and will show up on background checks.
Can a protective order be removed from my record?
If the protective order was dismissed or expired without violation, you may be able to petition for expungement.
What’s the difference between a 50B and a 50C?
- 50B orders apply in domestic relationships and can include custody or support.
- 50C orders are for stalking or harassment where no domestic relationship exists.
Key takeaways
- A protective order (DVPO) is a court-issued mandate to prevent further domestic violence or harassment.
- Violating any part of a protective order can lead to criminal charges and jail time.
- You have a right to defend yourself in court. Don’t miss your hearing.
- Do not communicate with the protected party, even if they initiate contact.
- Work with a skilled defense attorney to get the order dismissed, modified, or defeated at the hearing.
Have questions about a protective order in North Carolina?
Let Martine Law protect your future and your freedom.