By Nicholas Presentato, Attorney at Law
When someone threatens or harms you, knowing your legal options can make all the difference.
In North Carolina, a Domestic Violence Protection Order (DVPO or 50B) is a civil court order
designed to protect victims from abuse by someone they have a personal relationship with. If
you’re facing domestic violence or believe you may need protection, understanding how DVPOs
work is an important first step.
What Qualifies as Domestic Violence in North Carolina?
Under North Carolina law, domestic violence includes a range of harmful behaviors committed
by a current or former household member, spouse, partner, or someone you share a child with.
This can include:
● Physical harm or attempted physical harm
● Threats that make you fear imminent serious bodily injury
● Sexual assault or stalking
● Emotional abuse that places you in fear of continued abuse
The relationship between you and the abuser is key. DVPOs apply when the person causing
harm is a spouse, former spouse, someone you live with or lived with, someone you’re dating
or dated, someone you have a child with, or certain family members. If you don’t have the
personal relationship to qualify for a DVPO, a Civil No-Contact Order (50C) may be an
available option.
Two Types of Protection Orders
North Carolina offers two types of domestic violence protection orders:
Temporary (Ex Parte) Orders can be issued quickly, sometimes the same day you file. These
provide immediate protection while you wait for a full court hearing. You don’t need to notify the
abuser beforehand, which allows you to seek help safely. A temporary order typically lasts until
your scheduled court hearing, usually within 10 days.
Permanent Orders are issued after a full court hearing where both parties can present
evidence and testimony. Despite the name, these orders aren’t truly “permanent.” They can last
up to one year but may be renewed if necessary. The judge will decide whether to grant the
order based on the evidence presented.
What Protection Does a DVPO Provide?
A DVPO can include several provisions to keep you safe:
● Prohibiting the abuser from contacting, threatening, or harassing you
● Requiring the abuser to stay away from your home, workplace, or school
● Granting you temporary custody of your children
● Ordering the abuser to leave a shared residence
● Requiring the abuser to surrender firearms
● Awarding temporary child support or spousal support
Violating a DVPO is a serious criminal offense in North Carolina, punishable by up to 150 days
in jail and fines.
How to Obtain a DVPO
To request a DVPO, you’ll need to file a complaint at the clerk of court’s office in the county
where you live, where the abuser lives, or where the violence occurred. You’ll describe the
abuse and explain why you need protection. There is no filing fee for domestic violence
protection orders.
After filing, a judge will review your complaint. If approved for a temporary order, a hearing will
be scheduled. At the hearing, you’ll need to provide evidence of the abuse. This might include
photos, medical records, text messages, police reports, or witness testimony.
Getting the Legal Support You Need
Facing domestic violence is overwhelming, and navigating the legal system during such a
difficult time can feel impossible. You don’t have to do it alone. Whether you need help filing for
a protection order, preparing for your hearing, or understanding your rights, having an
experienced family law attorney by your side can provide both legal guidance and peace of
mind.
At Brinkley Walser Stoner, our family law team understands the sensitivity and urgency of
domestic violence cases. We’re committed to helping you protect yourself and your children
while advocating for your safety and well-being. Contact us today to schedule a consultation
and learn how we can support you through this challenging time.