Adomestic violence protective order, commonly referred to as a 50(b), is a legal protective order that protects people from others that they have previously had a domestic relationship with, or share a common child. These hearings are heard in district court and, compared to most legal proceedings, are heard fairly quickly after they are filed. Generally speaking, an applicant may appear before a judge on the day they file the complaint and ask for ex parte relief. Ex parte relief is only temporary and is not a full evidentiary hearing and the opposing party is typically not present in court. These Orders aim to protect the applicant from the threat of a serious and/or immediate threat to the applicant’s well-being, or to the well-being of the applicant’s children and other family members.
AJudge, or sometimes a magistrate, can Order the Defendant to act in a certain manner when a protective order is issued. Examples of what a judge may order includes, but is not limited to:
- Issue an Order prohibiting the Defendant from having contact (direct or indirect) with the applicant, or the applicant’s family,
- Order the Defendant to vacate a domicile shared by the parties,
- Temporarily grant custody of minor children to the applicant,
- Order the Defendant to surrender any firearms in the Defendant’s control or prohibit the Defendant from purchasing a firearm for a period of time,
- Order the Defendant not to be present at the applicant’s place of business, religious organization, or any educational facility.
If you need assistance in prosecuting or defending a domestic violence protective order, please reach out to one of our experienced family law attorneys for an evaluation of the ways we can assist at 336-379-0539. Our law firm is located at 436 Spring Garden St, Greensboro, NC 27401. Contact Garrett, Walker, Aycoth & Olson for all of your legal needs. We’re Here to Help!