How to obtain a 50B, Domestic Violence Protective order, Restraining Order
If you or a loved one has been the victim of domestic violence, it is in your power to obtain a Domestic Violence Protective Order. A Domestic Violence Protective Order is another term for a restraining order or a 50B.
In order to seek a protective order under North Carolina law, you must have a personal relationship with the accused party. The statute provides that you and the accused party must be current or former spouses, live together, have children together, have been members of the same family, had romantic involvement, or be related as parents and children or grandparents and grandchildren.
In order to obtain a protective order, the accuser must prove that the accused has attempted to cause bodily injury that has placed the accuser in imminent fear of serious injury, or has committed an actual act of violence.
A protective order can be exceptionally helpful because it forces the accused party to stay away from his or her victims and can also require the accused party to leave the household. If you believe that you are in need of a protective order, do not hesitate to contact Arnold & Smith, PLLC today.Enforcement of a Restraining Order
If your abuser violates the protective order issued against him or her, he or she can be arrested for committing a misdemeanor. If your protective order has been violated, you should contact the police immediately. If the police are not able to catch and arrest the violator in the act, then you should obtain an arrest warrant from the magistrate’s office as soon as you are able. By cooperating with law enforcement officials and district attorneys, you will be able to receive the protection you need.
Another possible option for protection after violation of a protective order is to file a motion for contempt against the violator in civil court. In these situations, it is best to consult with an attorney in order to discuss filing a contempt motion for a restraining order violation. If the order was violated by committing violence, stalking, or other aggressive behavior, it is in your best interest to have the violation addressed in criminal court. In other situations, however, seeking to have the violator held in contempt is a suitable option.
There are two types of contempt: civil contempt and criminal contempt. When a judge holds a defendant in civil contempt, the judge is compelling the defendant to comply with the provisions of a restraining order by placing him or her in jail until he or she has complied with the order. When a judge holds a defendant in criminal contempt, the defendant is punished with a set amount of jail time or additional penalties because he or she willfully violated the restraining order.
At Arnold & Smith, PLLC, our attorneys can advise you on how to file a motion for contempt and will help you through the process. After the motion is filed and an order to appear and show cause is issued, the defendant will be forced to appear in court and explain why he is not in contempt of the court’s order. Ultimately, the judge will hold a full hearing and decide whether the defendant is in violation of the order.Domestic Violence Resources
There are numerous resources available to victims of domestic violence. In North Carolina, excellent resources include:
- The Shelter for Battered Women - 704-332-2513
- The Women's Commission - 704-336-3210
- United Family Services - 704-332-9034
- Legal Services of Southern Piedmont - 704-376-1600
If you or a loved one is in an abusive relationship, it is important to contact these resources and others in order to receive the help and counseling you may need.Contact Arnold & Smith, PLLC
If you are facing any charges related to domestic violence, it is important that you consult with an experienced attorney immediately. Contact Arnold & Smith, PLLC today.Related Articles: