Domestic violence
50B domestic violence protective orders, from either side. These move quickly, and the first hearing usually sets the shape of everything that follows.
A 50B proceeding begins when someone tells the court they are in imminent fear of bodily injury. An ex parte order can issue within a day, and a full hearing follows shortly after. That compressed timeline is the defining feature: decisions made in the first week tend to govern custody, housing and criminal exposure for months.
The firm acts for petitioners and for respondents. Both need representation, and both need it immediately.
What the engagement covers
Petitioning for a 50B order
A petition must show two things: a personal relationship of a kind Chapter 50B recognizes, and an act of domestic violence under G.S. 50B-1(a) — attempting or intentionally causing bodily injury; placing the aggrieved party or a family or household member in fear of imminent serious bodily injury or of continued harassment rising to substantial emotional distress; or a sex offense under Article 7B. No court costs attach to filing.
Defending against a 50B petition
Where an ex parte order has issued, the hearing falls within ten days of issuance or seven days from service, whichever is later; where none has, five days after notice or service. Continuances are limited. The window for gathering messages, call records and witnesses is short. An order once entered can exclude a respondent from the residence, direct surrender of firearms, and be raised against him in later proceedings.
Violation and enforcement proceedings
Knowingly violating a valid protective order is a Class A1 misdemeanor under G.S. 50B-4.1. It becomes a Class H felony where the respondent violates a stay-away term while carrying a deadly weapon on or near his person, or where he has two prior convictions under Chapter 50B. Only the court can modify an order, so contact invited by the protected party still leaves the respondent in breach.
Related criminal exposure
A single incident can produce two files. The civil 50B and the criminal charge — assault on a female, communicating threats — run on separate Mecklenburg County calendars and neither waits for the other. The order can be entered on a preponderance of the evidence while the charge requires proof beyond reasonable doubt, and testimony given at the civil hearing is available to the prosecution.
Interaction with pending custody matters
Temporary custody can be awarded inside the protective order for a fixed period not exceeding one year, with exchanges placed in a protected setting or visitation supervised. That award is without prejudice and does not affect either party's right to a de novo hearing under Chapter 50. The custody court must still consider acts of domestic violence, so evidence put on at the 50B hearing can be revisited there.
Common questions
How quickly can an order issue?
An ex parte order can issue very quickly, sometimes the same day, with a full hearing scheduled shortly after. That is why representation at the outset matters more here than in almost any other civil matter.
I have been served with a 50B. What happens now?
There is a hearing date and it will arrive fast. A protective order can affect where you live, contact with your children, and firearm possession, and it can sit alongside a criminal charge. Call before that hearing.
How long does an order last?
It depends on what the court enters, and orders can be renewed. The specifics turn on the findings made at the hearing, which is why the hearing is where the work is.
Does this affect a custody case?
Frequently and substantially. A 50B order often sets the custody posture before the custody case is properly heard, which is why the two should be handled together rather than separately.
Anyone seeking a protective order, and anyone served with one — particularly where a custody matter or criminal charge is running alongside.
Flat fee where the scope allows, quoted before the engagement begins.
A scoped call on what this actually needs, before anything is drafted.
Book a consultation or call (704) 222-4752