At Advocate’s Bridge, we know the courage it takes to ask for help. If you are experiencing abuse by a spouse or partner, you are not alone—and you have legal protections available to help you stay safe and reclaim control.

This guide outlines the steps to protect yourself and how to obtain a 50(b) Domestic Violence Protective Order in North Carolina.

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What Is Spousal Abuse?​

Spousal abuse is a form of domestic violence and can include:

• Physical violence (hitting, pushing, choking, restraining)
• Sexual abuse
• Emotional or verbal abuse (intimidation, humiliation, threats)
• Financial control or isolation
• Stalking or digital harassment

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You do not have to suffer physical injury to qualify for protection.

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Step-by-Step Guide to Obtaining a 50(b) Protective Order​

North Carolina law (N.C.G.S. § 50B) provides strong legal protections to victims of domestic violence through a civil court process. Here's how you can obtain one:

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Step 1: Ensure Immediate Safety​

• If you are in danger, call 911 immediately.
• Go to a safe place—a friend’s home, a domestic violence shelter, or a hospital.
• Document incidents of abuse with:

  - Photos of injuries
  - Witness names
  - Police reports (if available)
  - Threatening text messages or voicemails

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Step 2: File for a 50(b) Protective Order

You can file at your local courthouse—typically the Clerk of Superior Court in your county.

You’ll need to complete:

• Complaint and Motion for Domestic Violence Protective Order (AOC-CV-303)
• Civil Summons (AOC-CV-100)

Important: There is no filing fee for a DVPO.

Step 3: Request an Emergency Ex Parte Order

The judge may issue a temporary “ex parte” order the same day without the abuser being present, if you are in immediate danger.

This order typically lasts up to 10 days, until a full hearing is held.

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Step 4: Attend the Full Hearing

• A hearing will be scheduled within 10 days.
• Bring all evidence and witnesses to court.
• The judge will decide whether to grant a 1-year protective order.

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Step 5: Serve the Order on the Abuser

The Sheriff’s Office will deliver the order (you do not need to do this yourself). The order is not enforceable until served.

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What Protection Does a 50(b) Protective Order Provide?

Once granted, a 50(b) order can include broad protections, such as:

• No Contact: The abuser cannot call, text, visit, stalk, or harass you.
• Eviction: The abuser may be removed from the shared residence, even if their name is on the lease or deed.
• Temporary Child Custody: You may be awarded temporary custody of children.
• Firearm Surrender: The abuser may be ordered to surrender all firearms.
• Stay-Away Zones: The order may prohibit the abuser from coming near your:

  - Home
  - Work
  - School
  - Children’s school or daycare

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Violating a DVPO is a criminal offense and can result in arrest and jail time.

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Additional Help and Safety Planning

At Advocate’s Bridge, we recommend every survivor create a Personal Safety Plan and connect with community resources:

• Legal aid & attorney referrals
• Counseling services
• Emergency shelter contacts
• Court accompaniment

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Our team can help you navigate this process with dignity and discretion.

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Need Help Now?

If you're ready to begin this process, contact us directly for assistance. We can help you:

• File paperwork
• Prepare for court
• Access community services
• Stay safe while seeking justice

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You are not to blame. You are not alone. You are not powerless.
You have the right to be safe, and the law is on your side.

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 Request a Safety Plan Consultation | Download 50(b) Filing Packet