Restraining Orders in North Carolina

No-contact orders, commonly referred to as restraining orders, are covered under N.C.G.S. 50B and 50C. Both are free to file, and can be filed in the courthouse in the county you reside in. 

What is the difference between a 50B and a 50C in North Carolina?

50B: Chapter 50B covers domestic violence between:

  • Current or former spouses;
  • Persons of the opposite sex who live together or have lived together;
  • Those related as parents and children, including those acting in loco parentis to a minor child, or as grandparents and grandchildren;
  • Those who have a child in common;
  • Those who are current or former household members; or
  • Those currently or formerly in a dating relationship. 

Domestic violence occurs when one attempts to cause bodily injury or does cause bodily injury to another, or places a person or a member of the person’s house hold in fear of imminent serious bodily injury or continued harassment. 

A person may request a 50B through the North Carolina court system by filling out the appropriate paperwork. There is no fee or cost to apply. The defendant, meaning the person the 50B is filed against, will have an opportunity made his or her voice heard through a hearing in front of a judge. This tends to resemble a trial. If the 50B is granted, certain conditions will be set by the judge, which may include an order to not contact the alleged victim, not be in certain areas at certain times if the alleged victim is expected to be there, and an order not to possess any firearms. 

Contact the Raleigh defense attorneys and family law attorneys at Guirguis Law if someone has filed a 50B against you.  We can advise you as to your best course of action in a hearing, and explain the repercussions of having a 50B entered against you. If you have a corresponding pending assault criminal charge in Wake County or Durham County, the North Carolina criminal defense attorneys at Guirguis Law can assist you to attempt to minimize your punishment. Contact us at (919) 832-0500 or for more information. 

50C: Chapter 50C covers unlawful conduct between two people who are not or have not been in a romantic relationship, are not related as family, or are not current or former household members. Essentially, a 50C order covers the relationships a 50B order does not. 

Unlawful conduct includes stalking or non-consensual sexual contact. In North Carolina, sexual contact includes touching another’s buttocks without consent. 

Much like a 50B, a person can file for a 50C for free in North Carolina. The alleged victim has the chance to make his or her case heard in front of a judge. The defendant will have the opportunity to respond in a hearing, explaining why he or she does not believe the 50C is necessary. 

If entered, a 50C order can hold many of the same restrictions a 50B order does, minus the restriction on firearm ownership.

If someone has filed a 50C order against you in Raleigh, Cary, Wake Forest, or Durham, contact Guirguis Law for more information about how our experienced attorneys can help you. 

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