50-B Domestic Violence Protective Order

Reasoning Constituting Acquisition of a 50-B Domestic Violence Protective Order
  1. A party may seek the protection of a civil protective order under 50-B of the N.C. General Statutes. An aggrieved party may get a “no contact” order for a year against the perpetrator if the act of domestic violence can be proven by the “preponderance of evidence.”
  2. Domestic violence means the commission of one or more of the following acts upon an aggrieved party or upon a minor child residing with or in the custody of the aggrieved party by a person with whom the aggrieved party has or has had a personal relationship, but does not include acts of self defense:
    • Attempting to cause bodily injury, or intentionally causing bodily injury; or
    • Placing the aggrieved party or a member of the aggrieved party’s family or household in fear of imminent serious bodily injury or continued harassment, as defined in G.S. 14 277.3, that rises to such a level as to inflict substantial emotional distress; or
    • Committing any act defined in G.S. 14 27.2 through G.S. 14 27.7.
  3. For purposes of this section, the term “personal relationship” means a relationship wherein the parties involved:
    • Are current or former spouses;
    • Are persons of opposite sex who live together or have lived together;
    • Are related as parents and children, including others acting in loco parentis to a minor child, or as grandparents and grandchildren. For purposes of this subdivision, an aggrieved party may not obtain an order of protection against a child or grandchild under the age of 16;
    • Have a child in common;
    • Are current or former household members;
    • Are persons of the opposite sex who are in a dating relationship or have been in a dating relationship. For purposes of this subdivision, a dating relationship is one wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship. A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship.
  4. As used in this Chapter, the term “protective order” includes any order entered pursuant to this Chapter upon hearing by the court or consent of the parties.