Protective Orders

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:

  1. Issue an Order prohibiting the Defendant from having contact (direct or indirect) with the applicant, or the applicant’s family,
  2. Order the Defendant to vacate a domicile shared by the parties,
  3. Temporarily grant custody of minor children to the applicant,
  4. 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,
  5. 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!