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North Carolina Domestic Violence Protective Orders (50B)

Learn who qualifies for a 50B order, how ex parte and final DVPOs work, what relief a judge can grant, how to file and serve, how to prepare for the hearing, and what to do if the order is violated.

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In this guide

Overview and eligibility

A Domestic Violence Protective Order under Chapter 50B is a civil court order from North Carolina District Court that can require a person to stop abuse, leave a shared home, avoid contact, surrender firearms, and follow temporary custody terms. You must have a qualifying personal relationship such as current or former spouse, persons who live together or used to live together, parents and children, persons who have a child in common, dating partners, or opposite sex household members who are related. Same sex partners with a child in common also qualify.

If you were just served with divorce papers, see Served with Divorce Papers in NC for deadlines and next steps. For custody and support topics that often connect with 50B cases, use NC Child Custody and NC Child Support.

What counts as domestic violence

  • Actual physical injury or attempted physical injury
  • Placed in fear of imminent serious physical injury
  • Continued harassment that rises to substantial emotional distress
  • Sexual offenses by a party with a qualifying relationship
  • Stalking and threats that show a pattern or credible risk

The judge reviews sworn facts, police reports, photos, messages, medical records, and witness testimony. Save screenshots and keep a timeline with dates, locations, and any case numbers.

Ex parte vs final orders

Ex parte DVPO

Emergency order without the defendant present. Short term. A return hearing is set quickly. Sheriff serves the papers before the final hearing.

Final DVPO

Entered after a full hearing or by consent. Usually lasts up to one year. Can be renewed. Includes detailed no contact, residence, and custody terms.

What relief a 50B can include

No contact and distance

No calls, texts, or messages. Required distance from home, school, and work. Third party communication rules.

Possession of the residence

Exclusive possession of the home. Law enforcement standby to retrieve personal items if needed.

Temporary custody

Short term schedule for children, exchanges, safe communication, and supervised visits if appropriate.

Support and expenses

Temporary child support or spousal support, payment of specific bills, and continued insurance coverage.

Firearm surrender

Surrender of firearms and permits. Restrictions continue while the order is active.

Other tailored terms

No stalking, no third party contact, exchange rules, and counseling referrals if ordered.

How to file and serve

  1. Go to the Clerk of Superior Court for your county or the District Court civil filings window.
  2. Complete the complaint and affidavit with detailed facts. Include dates, places, injuries, threats, photos, and messages.
  3. Request an ex parte order if you need immediate protection. You may see a judge the same day.
  4. If granted, get copies for service. The Sheriff serves the defendant. Keep your certified copy with you.
  5. Attend the return hearing. Bring witnesses, records, and any medical or police documentation.

For settlement planning that sometimes runs alongside 50B cases, compare Mediation in NC Family Cases and Separation Agreements in NC.

Prepare for the hearing

  • Outline a simple timeline with dates, locations, and who was present.
  • Print photos and messages. Label them. Bring two extra copies.
  • Subpoena witnesses if needed. Confirm service. Arrange childcare for the hearing day.
  • Plan how to describe fear, injuries, and any pattern of harassment.
  • Dress for court and arrive early to meet with your lawyer or a court advocate.

Custody and child support overlap

A 50B can set a short term custody schedule and safe exchange rules. Long term parenting is set in a custody case. Child support can be ordered temporarily in a DVPO and then adjusted in a full child support action under the guidelines.

See NC Child Custody and NC Child Support for detailed guidance on schedules, worksheets, healthcare costs, and enforcement.

Violations and enforcement

A 50B violation can lead to arrest or contempt. Call law enforcement, save evidence, and record the date, time, and what happened. Bring your certified copy of the order. If the order includes firearm surrender and you see a violation, document it and notify law enforcement and your lawyer.

Modify, renew, or dismiss

  • Modify. Ask the court to adjust terms if circumstances change. File a motion and explain the facts that changed.
  • Renew. Before the order expires you can request renewal. Provide continued need and any new incidents.
  • Dismiss. If you wish to end the case, consult your lawyer first. A dismissal ends the order and enforcement.

Moving or traveling with a 50B

A North Carolina DVPO is enforceable in other states under full faith and credit. Keep a certified copy with you. If you move, speak with your lawyer about custody orders and the UCCJEA before changing a child’s residence.

50B vs 50C vs criminal cases

50B DVPO

Requires a qualifying relationship. Broad relief including housing, firearms, custody, and support.

50C No Contact

For stalking or nonconsensual contact where no qualifying domestic relationship exists.

Criminal charges

Assault, communicating threats, or stalking can trigger criminal cases alongside a civil order.

Related North Carolina guides

Talk with a North Carolina family lawyer

Compare local attorneys by city or county. Profiles show domestic violence experience, custody work, and court coverage in your county.

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Common questions

How long does a final DVPO last

Up to one year in most cases. You can request renewal before it expires. The judge looks at continued need and safety concerns.

Do I need to bring witnesses

Bring anyone who saw or heard relevant events. Subpoenas help ensure attendance. Printed messages and photos are useful exhibits.

What happens if the order is violated

Call law enforcement and document the incident. Violations can lead to arrest or contempt. Keep your certified copy with you.