Simone Lawson
A 50B Domestic Violence Protective Order (DVPO) is a restraining order that can be obtained by a victim of domestic violence in North Carolina. Mecklenburg County, which includes Charlotte, Cornelius, Davidson, Huntersville, Matthews, Mint Hill, and Pineville, is one of the localities served by legal firms offering assistance with 50B protective orders.
| Characteristics | Values |
|---|---|
| Name | Domestic Violence Protective Order |
| Other Names | Restraining Order, DVPO |
| Applicable Law | Chapter 50B of the North Carolina General Statutes |
| Requirements | A personal relationship must exist between the person seeking protection and the person they wish to be protected from |
| Examples of Personal Relationship | Spouses (current and ex), parents and children, grandparents and grandchildren, people who live or have lived together, people who have dated |
| Process | Go to the local Magistrate and swear out criminal charges against the other person |
| Violation | Punishable as a Class A1 misdemeanour, leading to up to 150 days in jail |
| Violation Action | Contact the police immediately, obtain an arrest warrant from the magistrate's office |
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What You'll Learn
How to obtain a 50B domestic violence protective order
A 50B Domestic Violence Protective Order (DVPO) is a court order that can keep you and your family safe from dangerous persons who have demonstrated that they mean to harm or harass you. It is a type of restraining order, and if violated, it is punishable by jail time.
To obtain a 50B Domestic Violence Protective Order, the plaintiff (the person filing the case) must show that the defendant has committed an act of domestic violence as defined by North Carolina law. This can include physical violence, sexual abuse, threats, humiliation, constant criticism or name-calling, isolating the victim, or limiting their access to money, transportation, or employment. The plaintiff must also demonstrate a personal relationship with the defendant, as these orders are commonly used against former spouses, dating partners, or family members.
The plaintiff can obtain the necessary paperwork from their local agency or the clerk of the court, who will provide it free of charge. The plaintiff then fills out the paperwork and gives it to the clerk of the court. The judge will then hold an "ex parte hearing," a short conversation with the plaintiff to understand the acts of domestic violence committed by the defendant. If the judge finds that an act of domestic violence has been committed, they will grant an "ex parte order," a short-term DVPO that lasts until the next hearing. During the hearing, both parties will have the opportunity to present evidence and ask questions. If the plaintiff wants the DVPO for one year and the defendant does not consent, the judge will hold a trial to decide if the DVPO should be granted.
It is important to act quickly and seek legal assistance when filing for a 50B Domestic Violence Protective Order. Some counties allow magistrates to grant emergency DVPOs outside of business hours, but others only grant them on business days when the courthouse is open.
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Violation of a 50B order
A Domestic Violence Protective Order (DVPO), commonly referred to as a "50B order" in Mecklenburg County, North Carolina, is a restraining order designed to protect victims of domestic violence. It allows a judge to order specific forms of protection for a victim, and law enforcement can enforce it by charging an abuser criminally if the abuser violates the order.
To file for a DVPO, you must have a "personal relationship" with the abuser, which includes spouses (both current and ex), parents and their children, grandparents and their grandchildren, people who have lived together (whether in a sexual relationship or not), and people who have dated.
If an abuser violates a DVPO, it is considered a minimum of an A1 misdemeanour, which can result in up to 150 days in jail. In some circumstances, it may even be classified as a felony. The victim has several legal options for enforcing the DVPO, including reporting the violation to law enforcement or going back to civil court and asking that the abuser be held in civil or criminal contempt of court.
It is important to note that a violation of a 50B order requires criminal intent to commit the prohibited act. For example, if the defendant was not properly served with the order and violated its terms, they cannot be convicted of violating the order as their conduct was not intentional.
Additionally, the "threat" to take children as part of a legal proceeding for divorce and/or child custody is not considered a "threat" involving assault or physical harm for the purposes of a 50B order violation. Similarly, calling a spouse stupid is also not considered harassment under a 50B order.
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Protective orders and child custody
In Mecklenburg County, a 50B Domestic Violence Protection Order is a legal process that allows victims of domestic violence to obtain a court order requiring their abuser to stop the abuse or face legal consequences. It is a type of protective order that addresses domestic violence and can include provisions for child custody and visitation.
Protective orders are court-issued documents that protect victims of domestic violence, including children, by imposing certain restrictions on the abuser. These orders can include provisions for child custody and visitation, specifying the terms of contact between the abuser and the minor child. The terms may include a specific schedule for the time and location of exchanges of the minor child, supervision by a third party or at a supervised visitation centre, and any other conditions deemed necessary to ensure the well-being of both the child and the victim.
In Mecklenburg County, if a person feels that their child is at risk or in danger of imminent injury, they can file a 50B Domestic Violence Protection Order with or without legal representation. This order can be used to seek emergency relief from the courts, and a hearing must be held within a specified timeframe. During the hearing, the court may grant temporary custody to the petitioner (the person filing the order) if it is deemed to be in the best interests of the child.
It's important to note that protective orders are not mutual unless both parties file a claim and the court finds that both parties acted as aggressors and did not primarily act in self-defence. Additionally, protective orders are valid across state lines, and law enforcement officers are authorised to enforce them.
Mecklenburg County's Child Support Services provide assistance to custodial parents, non-custodial parents, and those responsible for a child. They help ensure timely and efficient support services, including child custody and visitation issues. However, they are not authorised to provide help with certain issues that may seem similar to child support, such as custody. In such cases, it is advisable to seek legal representation for guidance on specific situations and the available legal options.
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Localities served by Mecklenburg County
Mecklenburg County is located in North Carolina. The county's major industries include banking, manufacturing, and professional services, especially those supporting banking and medicine. The county is home to ten Fortune 1000 companies and was once home to two Fortune 500 companies, Wachovia and Goodrich Corporation, before they were acquired.
The county seat is Charlotte, which is also the location of the Mecklenburg County Courthouse. The county is served by Charlotte Douglas International Airport, which serves as its primary commercial aviation airport. Mecklenburg is also a freight railroad transportation hub, with twenty-five freight trains passing through the county daily. The county is served by three Amtrak routes: the Crescent, the Carolinian, and the CityLynx Gold Line.
The Charlotte Area Transit System (CATS) provides bus services throughout Mecklenburg County, including Charlotte and the municipalities of Davidson, Huntersville, Cornelius, Matthews, Pineville, and Mint Hill. Light rail service in the county is provided by LYNX Rapid Transit Services, which operates the Lynx Blue Line and the CityLynx Gold Line.
The Charlotte-Mecklenburg Schools (CMS) system serves the entire county, and the State of North Carolina has also approved a number of charter schools in Mecklenburg County. The Public Library of Charlotte and Mecklenburg County serves residents of the county, with library cards allowing access to all 20 locations.
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Legal services offered by law firms in Mecklenburg County
Mecklenburg County is home to Charlotte, the largest city in the state of North Carolina. The Mecklenburg Bar Association and 26th JD Bar offer a range of services for lawyers and those seeking legal services. While specific details of legal services offered by law firms in Mecklenburg County are scarce, it is safe to assume that, like in other parts of the country, law firms in Mecklenburg County offer a variety of legal services to their clients.
Mecklenburg County appears to have a range of legal professionals, from private practice lawyers to pro bono services. The county's private practice lawyers may offer a wide range of legal services, including civil and criminal law, real estate, family law, and more. For those who cannot afford private legal services, there are pro bono and legal aid options available in Mecklenburg County. These services are typically offered by non-profit organizations or law schools, providing access to justice for those who cannot afford private lawyers.
The Mecklenburg Bar Association provides support and resources to legal professionals in the county. They offer mentorship opportunities, career services, and networking events for lawyers. Additionally, they maintain an online directory of lawyers, which can be a useful tool for those seeking legal services in the county.
When seeking legal services, it is essential to consider the specific area of law in which assistance is required. Law firms often specialize in particular areas of law, such as family law, criminal defense, personal injury, or business law. It is beneficial to research and choose a law firm with experience and expertise in the relevant legal field. Additionally, cost is an important factor, as legal fees can vary significantly between firms and practitioners.
For those considering private practice lawyers in Mecklenburg County, it is advisable to research the background and reputation of the attorney or firm. Resources are available to check if an attorney has been disciplined, which can provide valuable insight. Reviews and testimonials from previous clients can also offer an indication of the quality of service and success rate of a particular lawyer or firm.
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Frequently asked questions
A 50B is a Domestic Violence Protective Order (DVPO) or restraining order.
A 50B requires a personal relationship between the person seeking protection and the person they want protection from. This can include spouses (current or ex), parents and children, grandparents and grandchildren, people who live or have lived together, and people who have dated. To obtain a 50B, the accuser must prove that the accused has attempted to cause bodily injury or has committed an act of violence.
If a 50B is violated, the accused can be arrested for committing a misdemeanor. If the police are unable to make an arrest, an arrest warrant can be obtained from the magistrate's office. Violation of a 50B can be addressed in civil or criminal court.
A 50B is applicable in North Carolina. Mecklenburg County, which includes Charlotte, is one of the localities served by law firms offering assistance with 50Bs.
