“50B”: Domestic Violence Protection Order, known as a Chapter 50B
In Wake, Johnston and Mecklenburg County domestic violence is a prevalent problem dealt with by family law attorneys.
1. What is a Domestic Violence Protection Order or “50B”?
Any North Carolina resident has the right to file for a Domestic Violence Protection Order, known as a “50B.” A 50B provides protection from someone you either have or have had a personal relationship with who does or has done any of the following to you or your minor child:
- Attempts to cause bodily injury, or intentionally causing bodily injury; or
- Places you or a family member in fear of imminent serious bodily injury; or
- Continued harassment, as defined in G.S. 14-277.3A, that rises to such a level as to inflict substantial emotional distress; or
- Commits any rape or sexual offense that is defined in G.S. 14-27.2 through G.S. 14-27.7.
2. How can a Domestic Violence Protection Order or “50B” protect me and my immediate family?
Depending on the facts of your case, the court has the right to take the following action (50B-3 Relief):
- Provide you with a temporary order for custody for any minor children that shall not exceed one year and order the alleged abuser to pay temporary child support and establish temporary visitation and prohibit overnight visitation;
- Tell the police to remove the alleged abuser from the home and help you to return to your home;
- Order the alleged abuser to stay away from your home, the children’s school, your work place, friend’s homes or any place where you may be using as shelter;
- Order the alleged abuser to pay temporary spousal support;
- Order the alleged abuser to turn over any firearms and prohibit the alleged abuser from purchasing a firearm;
- Order the alleged abuser to pay for attorney’s fees;
- Order the alleged abuser not to cruelly treat or abuse any animal owned, possessed, kept or held as a pet by either party or by a minor child and/or give you possession of your pet;
- Order the alleged abuser to do what you ask in court if the judge agrees.
3. What if I am falsely accused of domestic violence?
You need to vigorously defend yourself and take the claim against you very seriously, as well as provide the documentation and witnesses to support your innocence. Vasquez Law Firm believes that a false accusation of domestic violence is a form of domestic abuse itself.
Domestic Violence Laws are strong in this State!
- Do not throw anything at or touch your ex (estranged) spouse for any reason. (Assault)
- Do not go inside the residence of your ex (estranged) spouse, even if your name is on the deed and it used to be your home. (Trespass)
- Do not telephone your ex (estranged) spouse excessively or telephone the lover of your ex (estranged) spouse. (Harassment)
- Do not follow, either in your vehicle or on foot, your ex (estranged) spouse. (Stalking)
- Do not e-mail, write, or go to the place of business of your ex (estranged) spouse. (Harassment)
- Do not block the path of your ex (estranged) spouse to a doorway or car. (False imprisonment)
- Do not use corporal punishment on your children or remove a child from the arms/care of your ex (estranged) spouse unless both parents clearly agree. (Assault, DSS)
- Do not confront your ex (estranged) spouse concerning fault issues, such as adultery, alcohol abuse, drug abuse, etc. Let your attorney do this in the legal process. (Harassment)
- Do not use profanity either around or concerning your ex (estranged) spouse. (Harassment)
- Do not threaten to kill your ex (estranged) spouse, EVEN JOKINGLY. (Attempted Murder)
Vasquez Law Firm continues to stand against any form of domestic violence and supports organizations against domestic violence. Our attorneys have helped many satisfied clients with our approach to family law in North Carolina. When your future is on the line, you need honest legal advice sooner rather than later to make the best possible decisions. We represent clients throughout NC, including Mecklenburg County, Johnston County, Wake County, Harnett County and Durham County. For additional information about our approach, please call us at 919-989- 3000 or send us an email.