PRO-SE 50B Domestic Violence Protective Order Fact Sheet

History:	This statute went into effect January 1990. Plaintiffs in North Carolina can file for this order without an attorney.
Cost:	There is a $55 cash charge to file. You may apply to have this fee waived.
Courtroom:	Hearings are held in room 203 of the Civil Courts Building every day at 9 am and 1:30 pm. To be docketed for 1:30 pm court, forms must be filed by noon.
Magistrates:	You may file for a Domestic Violence Protective Order at the Magistrate's Office, located at 801 E. Fourth Street, after 5 pm and on weekends.
Court Time Involved:	Once forms are filed, the clerk will set the EX PARTE Hearing (emergency hearing, without the defendant) for the next available court date. After receiving an ex parte order, which is temporary, the plaintiff is given a second date to court for the 10-day hearing. The defendant will be served papers by the sheriff notifying him/her of the allegations of the ex parte order and the date to come to court for the final hearing. At this time, the order which is granted is good for up to one year.
Defendant's Response:	Once the defendant is served, s/he can hire an attorney or come in and speak for her/himself.
Filing the Forms:	You may obtain an information packet from the Civil Clerk's Office (room 214 in the Civil Courthouse) or at United Family Services' Victim Assistance 720 E. Fourth St., Suite 204).
The Complaint Form:	The plaintiff and defendant must be current or former spouses, or persons of the opposite sex who live together or have lived together, or have a child in common, or be current or former household members, or have been in a continuous dating relationships, or parent and child or grandparent and grandchild to use this procedure. The order will be enforced in Mecklenburg County. If the parties reside elsewhere, you will need to file in that county/state. Domestic violence protective orders also can be received for cases involving violence to a child.
Requests of the Court:	Ask for the ex parte order to get into court within 72 hours. Eviction may or may not be granted at this hearing.
Extensions of an Order:	Orders may be extended for another year. It is important to start the procedure two-three weeks before your current protection order expires.

Types of Relief the Judge Can Order:	defendant to stay away from any place victim asks, i.e., workplace, daycare, school, church, home, etc.
	Prohibit the defendant from possessing a firearm
	Order the defendant to attend an abuser treatment program
	Not assault, threaten, follow, harass, etc., victim
	Not assault, threaten, follow, harass, etc. children of relationship
	Award temporary custody
	Order child support
	Award residence to either party
	Order eviction of defendant from residents
	Award vehicle

Terms:
Ex Parte:	without one party (the defendant)
Defendant:	person who allegedly committed the violence
Plaintiff:	person filing complaint
Pro Se:	acting on one's own-without an attorney
Served:	The sheriff's office has given the defendant papers stating that s/he is to appear in court.
50B:	protective order/restraining order