Handling a Domestic Violence Case and a 50B Civil Complaint

If you’re in an abusive relationship – whether you’re the male or the female – there are ways to protect yourself. You should seek a domestic violence lawyer who can help you defend yourself against potential criminal accusations by your spouse or boyfriend or girlfriend relating to a simple assault, an assault on a female, or other domestic violence related crimes.

In addition, a criminal lawyer will be able to advise you on the best path to protect yourself in the future. For instance, it might make sense for you to apply for a 50B. A 50B is a type of Domestic Violence Protective Order in North Carolina. Among other things, a 50B will protect you against harassment, threats, or assaults, and may require the opposing party to participate in anger management classes to prevent future violent acts.

In Wake County, you can petition for a 50B on the 9th floor of the Wake County Courthouse. You will state, under penalty of perjury, the reasons why you are seeking such an order. The order has immediate effect for about a week.

A week after the initial temporary order is issued, you will have a hearing where you and, if he or she shows up, the other individual/spouse/boyfriend/ex-boyfriend/ex-girlfriend etc. is present.

You may want to testify as to why you are requesting the order. If you are facing criminal charges yourself, you may wish not to testify, but to have a family member or other witness testify on your behalf.

The other person may or may not testify about why you should be denied the order. The order can be tailored to allow for the exchange of children. In addition, the order will typically prevent the other person from visiting your home or whereever you live, and your workplace.

Violation of a 50-B protective order is very serious, resulting in a Class A1 misdemeanor, which is the most serious misdemeanor class in North Carolina.

Damon Chetson

Damon Chetson is a Board Certified Specialist in State and Federal Criminal Law. He represents people charged with serious and minor offenses in Raleigh, Wake County, and the Eastern District of North Carolina. Call (919) 352-9411.