50b and Emergency 50b
A Domestic Violence Protective Order (sometimes commonly referred to as a “restraining order” or a “50B order”) is a restraining order that is designed specifically for victims of domestic violence to give them the protection they need from the abuser.
50b’s filed after 12:30 p.m. are likely to be heard by the court the following day. For same day response on an emergency 50b, file at our community office (502 N. Long Street, Salisbury, NC 28144) before 12:30 p.m. To learn more about 50B, please read below.
What is a 50B?
A 50B, also called a Domestic Violence Protection Order (DVPO) is a civil restraining order for victims of domestic violence.
Who needs to file?
A 50b provides protection for those experiencing acts of domestic violence; emotional, physical, and verbal abuse such as communicating threats and stalking and harassment that has occurred on one or more occasions.
Who can file 50b?
A 50b is only one form of a protective order. When needing to file a 50b the victim MUST BE filing against:
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Legal Spouse
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Current or former Boyfriend/Girlfriend
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Mother/father/grandparent
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Roommate (former or current household member)
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If you legally and or biologically share a child
Note: If there is no relationship (ex: neighbors, strangers, 3rd party/mutual friends, and in-laws/relatives through marriage) and at least 2 incidents have occurred you need to file a 50C not a 50B. 50C’s are filed at courthouse. Refer to clerk of courts for more information.
Who DOES NOT need to be referred to file:
The following are civil matters that CAN NOT be legally ruled on through a 50b and DO NOT constitute as acts of domestic violence:
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For the sole purpose of eviction (refer to magistrate)
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To retrieve personal property/belongings from an ex or roommate/shared residence (refer to attorney)
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To gain back rights/access to property and or estate battles
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To obtain a legally shared or stolen vehicle
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Custody battles/obtaining custody, Divorces (refer to DSS or attorney)
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Minor children filing against relatives or adults (immediately report to DSS for child endangerment)
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disputes against neighbors, strangers, 3rd party/mutual friends, and in-laws/relatives through marriage (refer to clerk of courts or magistrate)
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Isolated incidents such as one-time altercations/disputes (refer to Clerk of courts or magistrate)
What does the victim need to file?
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A valid address for their defendant to be served the order.
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Dates and times of most recent acts of domestic violence
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Refer to Family Crisis Council located at 502 N. Long St. Salisbury, NC 28144 (704)-754-5999
Key components to keep in mind….
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Court advocates CAN NOT give legal advice
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A 50b can take up to 1 hour or more to complete during the filing process
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50b’s have a 50/50 chance at being granted based on the judges ruling.
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Attending civil court is a required part of the process
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It could take up to two weeks for a defendant to be served
No one is guaranteed protection through a 50b, depending on severity/danger levels of case refer to magistrate for criminal charges.