Chapter 50B DVPOs in North Carolina: What to Expect If You’re Accused

Allegations of domestic violence can be confusing and alarming, especially if a Domestic Violence Protective Order (DVPO) if filed under Chapter 50B. North Carolina law alleged victms who feel threatened or harmed in a personal, “domestic” relationship to petition the court for a civil protective order, sometimes referred to as a “50B order” or a “restraining order.”

It’s a good idea to understand how DVPO orders work, what you can expect in court on the Outer Banks, and why it helps to have legal counsel by your side. This post provides a detailed look at how and when DVPOs may be filed, the legal process, and your rights throughout. Call the Glover Law Firm now to schedule a confidential consultation: 252-299-5300 

OBX DVPO Topics:

What Is a Chapter 50B DVPO?

In North Carolina, Chapter 50B of the General Statutes establishes civil protection to protect against future acts of domestic violence. A Domestic Violence Protective Order (DVPO) is designed to prevent harm or intimidation, sometimes restricting contact between the defendant) and the the plaintiff. Not all 50B Orders are the same. Some preclude any form of contact between the parties and are referred to as “no contact orders.” Others may allow some form of contact and communications with the proviso that the defendant not assault, threaten, or abuse the complaining party.

Civil, Not Criminal

Although domestic violence may be related to OBX criminal charges like Assault on a Female, Communicating Threats or Felony Assault by Strangulation, a DVPO itself is a civil matter. Issuance of a restraining order doesn’t mean you’ve been convicted of a crime, but it can lead to serious consequences, including restrictions on your freedom of movement or your ability to possess firearms.

Broad Scope

A Domestic Violence Protection Order can apply to current or former spouses, partners who share a child, parents and children, people in a dating relationship, and even household members who share an apartment. Courts interpret these relationships quite broadly, which means you could face a DVPO from a range of personal relationships. At the same time, a 50B Order is not the same thing as a 50C Civil No Contact Order in North Carolina.

DVPO Tactics: What You Need to Know 

How DVPOs Are Granted

Ex Parte Orders

When someone files a complaint alleging domestic violence, the Court (the District Court Judge) may enter an ex parte order if it believes additional acts of domestic violence, including simple assault, harassment and threats, could occur before a full hearing can be scheduled. Under the NC domestic violence laws, an ex parte order may be issued without your presence or knowledge, based solely on the plaintiff’s statements.

• Duration: Usually 10 days or less until a full hearing.
• Impact: You could be temporarily barred from your home, restricted from contacting
  the plaintiff, and required to surrender firearms—even though you have not had a chance to respond yet.

Full Hearing Orders

Within a short time—often 10 days or less—the Court (a District Court Judge) holds a full hearing. Both sides can attend, present evidence, and call witnesses. The judge then decides whether to grant a DVPO for up to one year or dismiss it. This is your opportunity to share your side of the story, dispute the allegations, and provide proof of your conduct.

• Burden of Proof: The plaintiff must show, by a “preponderance of the evidence,” that
  an act of domestic violence occurred or could occur. That legal standard may also be referred to as “the greater weight of the evidence.”

Consent DVPOs

Sometimes the defending party may agree to a consent DVPO or a 50B without Findings of Fact, accepting an order with certain conditions (like no contact) without admitting wrongdoing. This approach can avoid a lengthy hearing, but it still imposes legal obligations. Be aware that consenting to a DVPO means the order becomes enforceable, even if no findings of fact are made about the alleged abuse.

50B DVPO & Related Criminal Charges

Who Can File a 50B Complaint?

Under Chapter 50B, the law states that the plaintiff (the person seeking protection) must have a qualifying relationship with you, such as:

• Current or former spouses
• People who live or have lived together
• Parents, children, grandparents
• Individuals who share a child in common
• Parties who are or have been in a dating relationship

If the relationship does not fit these categories, the plaintiff may be able to pursue a different civil restraining order (like a 50C order, addressing stalking or sexual harassment).

Common Allegations in Domestic Violence Cases

If you’re facing a DVPO, the complaint may allege things like:

• Attempted to cause bodily injury
• Placed the plaintiff in fear of imminent serious harm
• Harassed the plaintiff, causing emotional distress
• Committed specific acts like hitting, pushing, or threatening

Accusers can also refer to emotional abuse or controlling behavior. The law generally covers conduct leading the plaintiff to feel legitimately unsafe. While you may disagree strongly with these claims, the key is understanding how courts review the allegations and the legal process.

Possible Overlap with Criminal Charges

Although the DVPO is civil, it’s not unusual for the responding party, the defendant, to also face related OBX criminal charges. Common offenses include things like:

• Assault on a Female: A Class A1 misdemeanor if the defendant is an adult male
  (18 years old or older) and the alleged victim is female.
• Communicating Threats: Accusations of threatening to harm someone.
• Misdemeanor Crime of Domestic Violence: Broadly covers various domestic acts.

A DVPO hearing might rely on facts similar to those in your criminal case, but the standards are different. In criminal court, the state must prove guilt beyond a reasonable doubt, whereas civil court requires only a preponderance of evidence. It’s important to understand many 50B matters are heard in very short order. As such, a judge can grant a DVPO even if your OBX criminal case is unresolved or ultimately dismissed.

What is Felony Stalking?

What to Expect If You’re Accused of Domestic Violence

Receiving Legal Papers

Sometimes, the first sign you’re being accused is when you’re served with a summons and complaint detailing the plaintiff’s allegations. You might also see an ex parte order already in place. These documents will tell you the hearing date—usually within 10 days—and you must appear if you want to challenge the claims.

Tip: Read everything closely. Note whether firearms surrender or any immediate “no contact” rules are included. If an ex parte order prohibits returning to your residence, follow it exactly until the hearing to avoid criminal charges such as “violation of a domestic violence protective order,” which is a Class A1 Misdemeanor in North Carolina, carrying up to 150 days in jail.

Preparing Evidence and Witnesses

If you want to dispute the allegations, your lawyer may want to discuss:

• Text messages, emails, or social media showing the true nature of your relationship.
• Witnesses who can attest to your behavior or the plaintiff’s credibility.
• Character references—people who can speak to your conduct, though be mindful that general character
  testimony may not be deemed relevant, admissible evidence if it doesn’t address the specific incidents
  alleged.

Appearing in Court

A DVPO hearing typically is a short bench trial before a district court judge. You can testify on your own behalf. The plaintiff can cross-examine you, and you can cross-examine them. Each side can present documents and witnesses.

• Burden of Proof: The judge weighs the plaintiff’s evidence first. If they fail to
  show likely domestic violence, the DVPO may be denied.
• Your Defense: Deny false claims, point out inconsistencies, and show lack of any
  real harm or threat.

Tip: Domestic Violence Protection Order proceedings are in what’s called a “court of record.” That means what you say is both under oath and recorded. As such, if you provide testimony, that may be used against you at a criminal trial.

Potential Outcomes

• DVPO “No Contact Order” Granted: You must abide by all restrictions—no contact, stay away from certain
  locations, surrender firearms.
• DVPO “Not assault, threaten or harass Order” Granted: Again, while you may be allowed to have some form of contact with the Plaintiff, you are required to comply with all conditions of the 50B Order.
• DVPO Denied: The judge finds the plaintiff did not meet the burden. No order remains
  in effect.
• Consent Order: You and the plaintiff agree conditions, bypassing a contested
  hearing. It still becomes a valid, enforceable DVPO.

Key Conditions Imposed by a DVPO

If the judge grants a DVPO:

• No Contact: You typically cannot call, text, email, or use any form of social media
  or third-party contact. There are important exceptions, where the Court may allow contact, but places
  protections in place such as ordering you not “assault, threaten, or harass” the complaining party.
• Exclusive Possession of Residence: The plaintiff might remain in a shared home, and
  you must leave.
• Child Custody/Visitation: The judge can make temporary arrangements for children,
  impacting your parenting time.
• Firearms Surrender: You may be forced not to possess guns or ammunition until the order expires.

Violating these conditions at any point can lead to criminal charges. Even accidental or friendly contact (initiated by the plaintiff) may still be seen as a violation if you fail to comply. Even if the Plaintiff says “it’s OK,” until and unless the 50B Order is terminated, you could be arrested for violating the terms and conditions of the DVPO.

How Long Do DVPOs Last?

Most DVPOs last up to one year from the date granted. The judge can set a shorter time frame in certain cases. If the plaintiff believes they continue to feel threatened, they can file a motion seeking an extension of the 50B before the order expires. That extension can add another year, sometimes repeatedly.

This means the situation is not automatically over after 12 months if the plaintiff claims ongoing fear, harassment, or continued acts of domestic violence. That’s one reason we think it’s a good idea to monitor your case calendar and respond promptly if an extension is filed.

Violating a DVPO: What It Means

Willfully violating a DVPO is not just a civil matter—it is separate misdemeanor criminal offense in North Carolina. There are some instances when certain violations and the acts related to the violation could be deemed a felony criminal charges. Law enforcement are directed to immediately arrest you if they believe you violated the order’s terms.

• Unintentional Violations: Sending a “harmless” text or showing up at a location
  where the plaintiff is present can still count as contact.
• Consequences: Arrest, possible jail time, and a new criminal case on your record.

The best way to avoid complications is to follow every part of the judge’s order. If you need to retrieve belongings from a shared home, you should request a formal arrangement with supervision of law enforcement.

Extensions of a DVPO

When the one-year mark approaches, the plaintiff may be able to file a motion to renew the order based on “good cause.” They might claim the alleged threat continues, or that you haven’t changed. To extend the DVPO, another hearing is scheduled. You have the right to attend and argue that no ongoing danger exists or that an extension of the 50B Order is either legally or factually inappropriate.

• Importance of Compliance: If you adhered strictly to the DVPO, you may be able to show
  the judge there were no further issues. That may weaken the plaintiff’s argument for renewal.
• NC Appellate Guidance: North Carolina’s appellate courts have stressed that judges
  must see evidence of ongoing fear or risk to justify an extension. If no new incidents occurred, you can
  highlight that to the court.

Reasons to Seek Legal Counsel

Protect Your Rights

A DVPO can disrupt your life—restricting your home access, limiting child visitation, and undermining your reputation in the community. Having a lawyer helps you present evidence clearly and appropriately respond to accusations. It’s important to note, in that 50B DVPO matters are civil filings they are not subject to expunction or being purged from the record.

Connect the Dots with Criminal Charges

If you also face domestic violence charges such as Assault on a Female, your statements in the DVPO hearing might affect your criminal case. A defense attorney can advise how to approach testimony without jeopardizing your rights. For more information about DVPO tactics, click here.

Each Case Is Unique

We think it’s a good idea to speak with a lawyer because North Carolina’s DVPO laws can be somewhat confusing. If children, shared property, or pending criminal matters are involved, things may get more complicated. Having an OBX attorney who understands local court procedures and preferred protocols can help you avoid missteps.

OBX Domestic Violence Help: Glover Law Firm

Being accused of domestic violence can feel overwhelming, and a Chapter 50B DVPO has consequences if granted. You may be required to stop all contact with the accuser, leave your home, and give up your firearms. Even though a DVPO is technically civil, violating it can also result in criminal charges.

If you find yourself served with a 50B complaint, read it carefully, abide by any temporary orders, and begin thinking about possible evidence for your hearing. The judge weighs evidence of alleged harm or threat, and if the plaintiff meets the required burden, a one-year order may be issued. After that, the plaintiff could even ask for it to be extended in certain circumstances.

Chapter 50B DVPOs can seriously affect your life, even though they’re civil orders. If granted against you, they can shape your living arrangements, communications with the plaintiff and involved children, temporary child custody, and gun rights. Violations lead to potential criminal charges. Take proceedings seriously. If you stand accused of domestic violence, it’s smart to immediately seek professional legal help. Remember, a DVPO does not require the same proof as a criminal charge; the plaintiff only needs a preponderance of evidence.

Because every case is different, we also think it’s a good idea to consult an OBX domestic violence lawyer about your situation—particularly if there’s a parallel criminal case. The Glover Law Firm in the Outer Banks deals with domestic violence defenses and understands how 50B orders interact with charges like Assault on a Female or Communicating Threats. If you have specific questions about your rights or how to prepare for a DVPO hearing, please call Danny Glover at 252-299-5300.