Domestic Violence Protective Orders (50-B)

In Wake County, any citizen has the right to pursue criminal charges against another person, assuming they swear to the truth. A Domestic Violence Protective Order (50-B) is one such charge. If granted, these actions prohibit the person from making any contact with the protected person or from coming within a specified distance. Persons violating the terms of the order can face criminal charges and are subject to arrest and criminal prosecution.

How to Obtain a Domestic Violence Protective Order (50B)

In North Carolina, you must be able to prove a personal relationship exists between yourself and the accused person. Relationship examples include being a current or former spouses, living together, having a current or have had a past romantic relationship, be related as parents and children, or other types relationships. In addition to the relationship, accusers must also prove that the other party has placed them in fear of injury or attempted physical injury.

To formally file for a domestic violence protective order, a form known as a Complaint and Motion for Domestic Violence Protective Order must to filed with the Wake County Clerk of Court. This form is available online, as are instructions for completing it.

Once this form is formally filed, a hearing will be set within Wake County District Court approximately ten (10) days from the date of filing. Additionally, a Notice of Hearing will need to be formally served to accused party. Failure to formally serve the accused can result in dismissal of charges.

Graber Law has extensive experience in filing these types of actions and is ready to assist clients seeking to file or those who believe they have been wrongfully accused.

What is a Temporary Restraining Order? How can I obtain one?

Filers of Complaint and Motion for Domestic Violence Protective Order forms can also request immediate and temporary restraining order from the accused without hearing from the party. This action -- formally known as an Ex Parte Domestic Violence Order of Protection – requires another order to be filed. The form lists the general findings the court must make in order to enter a temporary restraining order, and the restrictions that may be placed on the accused.

Enforcement of Domestic Violence Protective Order Violations (50-B)

The District Attorney in Wake County takes domestic violence very seriously. In situations where an existing Domestic Violence Protective Order has been violated, it is up to the District Attorney’s office to dismiss a charge, not the victim. Violations of these orders are classified as A1 misdemeanors, punishable by up to 150-days of incarceration for the first offense, with multiple violations rising to a Class H felony and punishable by a maximum sentence of 20-33 months.

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