Domestic Violence Summary

In 2016, eighty-three homicides occurred in North Carolina as a result of domestic violence. Domestic Violence has both criminal and civil implication.  A Domestic Violence Protective Order (often known as a 50B) is a civil remedy in which a victim of domestic violence may obtain a restraining order against an abuser with whom they have a personal relationship, regardless if criminal charges have been filed against the abuser.

An act of domestic violence may include: physical harm, fear of imminent serious bodily injury, continued harassment rising to the level of inflicting substantial emotional distress, or sexual harm.  In order to file a Complaint and Motion for Domestic Violence Protective Order a personal relationship must exist between the alleged abuser and the victim.  A personal relationship includes:

  1. current or former spouses;
  2. Persons of the opposite sex who live together or previously lived together; persons who are related as parents and children or those acting in parenting role to a minor child, or as grandparents and grandchildren;
  3. Persons who have children in common;
  4. Current or former household members; or
  5. Persons of the opposite sex who are in a dating relationship or were previously in a dating relationship.
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