“50b” Orders of Protection
Domestic Violence Attorneys
Under North Carolina law, a person may be entitled to an immediate restraining order, often referred to as a “50B” or “no contact order” if an act of domestic violence has occurred. This order can provide protection to the victim of domestic violence by ordering the violent actor to have no contact with the victim under threat of immediate arrest for any violations. A 50B order can also include preliminary decisions regarding child custody; and they can award property, such as the marital home, to the victim to ensure no undue influence is being asserted against an otherwise dependent party.
ACTS OF DOMESTIC VIOLENCE
North Carolina law defines an act of domestic violence as:
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. 14-277.3A, that rises to such a level as to inflict substantial emotional distress; or
Committing any act defined in G.S. 14-27.21 through G.S. 14-27.33 (various sexual assaults)
Thus, a person may be entitled to an order of protection if someone with a special relationship, such as a sibling, parent, or romantic partner does something to that person that falls within the broad definition of an act of domestic violence. The most common situations include a spouse committing an assault or battery on the other spouse. However, many orders of protection are given out before an actual assault occurs based on a person’s fear of an assault occurring in the future. Words or other actions that are non-physical may still justify a 50B order of protection.
FALSE ALLEGATIONS
Sadly, untrue allegations of domestic violence can be used as an attempt to skirt the formal process of child custody and property division. Other times, a person simply wants to punish their spouse, and may fabricate a story of assault to get their spouse arrested. Such allegations can result in sever impacts on the innocent person’s life, including the loss of housing or employment.
Our DV lawyers have years of experience defending those falsely accused of an act of domestic violence. In the criminal context, we have defended those charged with various crimes, such as Assault, Assault on a Female, or Communicating Threats, amongst many others. We have also defended against false allegations in a 50B civil protection order.
Criminal Charges
Any act of domestic violence will likely give rise to criminal charges as well.
Likewise, a false allegation of an act of domestic violence will often result in a criminal charge.
Simple Assault
Class 2 Misdemeanor, max 60 Days in jail.
Assault on a Female
“A1” Misdemeanor, Max 150 Days in jail.
Assault by Strangulation
Class H Felony. Max 39 Months
Communicating Threats
Class 1 Misdemeanor, max 120 Days in Jail.
