A Domestic Violence Protective Order (DVPO) is often referred to as a “50-B” order in North Carolina which is because it is listed in the North Carolina General Statutes in Chapter 50-B. Basically this statute allows for a person who commits an act of domestic violence to be evicted from their residence with the other spouse being given possession of the residence. It will also order the person to commit no further acts of domestic violence pending a hearing on the matter, may provide for custody of children, child support, spousal support and possession of various items of marital property including automobiles. A 50-B is typically applied for by appearing before a district court judge who will hear evidence from the victim and decide whether there is a basis for entering an order. If the Judge enters an order, it will be in effect for a maximum of 10 days unless it is extended by a judge. Once the order is entered the person who has been found to have committed an act of domestic violence will be given a copy of it by the Sheriff and will have to obey it until it goes to court. The Defendant will have an opportunity to defend himself at the hearing and the Court will decide whether to enter a permanent order which means an order that lasts for up to one year.
If you are served with a DVPO you should seek the assistance of an attorney immediately. At Coan and Farris, PC we handle all types of domestic cases including DVPOs as a large part of our practice. We have worked in the courts in Mecklenburg and Union Counties of North Carolina for over 20 years and have handled cases for thousands of local residents. Please contact us to discuss your situation.