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Pro-Se 50B Domestic Violence Protective Order
Filing the Forms
You may obtain an information packet from the Civil Clerk’s Office (room 3725 in the Mecklenburg County Courthouse) or at United Family Services’ Domestic Violence Victim Assistance (720 E. 4th Street, Room 204).
The plaintiff and defendant must be:
current or former spouses
persons of the opposite sex who live together or have lived together
have a child in common
current or former household members
have been in a dating relationship
parent and child or grandparent and grandchild
Courtroom
Hearings are held in room 4110 of the Mecklenburg County Courthouse every day at 9:00am and at 1:30pm. To be on the 1:30pm docket, forms must be filed by noon.
Magistrate’s
You may file a Domestic Violence Protective Order at the Magistrate’s Office located at 801 E. 4th Street after 6:00pm Monday thru Friday and on the weekends.
Court Time Involved
Once forms are filed, the clerk will set the EX PARTE Hearing (emergency hearing, without the defendant) for the next available court date. After receiving an exparte order, which is temporary, the plaintiff is given a second date to court for the 10-day hearing. The defendant will be served papers by the Sheriff notifying him/her of the allegations of the exparte order and the date to come to court for the final hearing. At this time, the order which is granted is good for up to one year.
Defendant’s Response
Once the defendant is served, s/he can hire an attorney or come in and speak for her/himself.
Extensions of an Order
Orders may be extended for another year. It is important to start the procedures 2 to 3 weeks before your current protection order expires.
Enforcement of a 50B
If a defendant violates a 50B, then the victim can call 911 to seek immediate assistance. The victim should let the 911 dispatcher know they have a Domestic Violence Protective Order. A second option is for a victim to return to Victim Assistance or the Civil Clerks Office to file a “Contempt Motion”. For a “Contempt Motion”, the clerk will then set a court date and the victim will have to tell the Judge how the violation occurred and the Judge will decide what punishment the defendant will receive. The defendant will have the opportunity to appear at this court date and defend their actions.
Types of Relief a Judge can Order
Prohibit the defendant from possessing a firearm
Order the defendant to attend an abuser treatment program
Not assault, threaten, follow, harass, etc., victim
Not assault, threaten, follow, harass, etc. children of relationship
Award temporary custody
Order child support
Award residence to either party
Order eviction of defendant from residents
Award vehicle
Pro-Se 50C Domestic Violence Protective Order
Filing the Forms
To obtain a 50C the defendant must have committed an act of stalking or nonconsensual sexual contact with the victim and the victim and defendant can not have been in a relationship with one another, be family members, or lived in the same household (victims can file for a 50B mentioned above if that is there situation). You may obtain an information packet from the Civil Clerk’s Office (room 3725 in the Mecklenburg County Courthouse) or at United Family Services’ Domestic Violence Victim Assistance (720 E. 4th Street, Room 204).
Courtroom
Hearings are held in room 4110 of the Mecklenburg County Courthouse every day at 9:00am and at 1:30pm. To be on the 1:30pm docket, forms must be filed by noon.
Court Time Involved
Once forms are filed, the clerk will set the EX PARTE Hearing (emergency hearing, without the defendant) for the next available court date. After receiving an exparte order, which is temporary, the plaintiff is given a second date to court for the 10-day hearing. The defendant will be served papers by the Sheriff notifying him/her of the allegations of the exparte order and the date to come to court for the final hearing. At this time, the order which is granted is good for up to one year.
Defendant’s Response
Once the defendant is served, s/he can hire an attorney or come in and speak for her/himself.
Extensions of an Order
Orders may be extended for another year. It is important to start the procedures 2 to 3 weeks before your current protection order expires.
Enforcement of a 50C
If a defendant violates a 50C, then the victim must return to Victim Assistance or the Civil Clerks Office to file a “Contempt Motion”. The clerk will then set a court date and the victim will have to tell the Judge how the violation occurred and the Judge will decide what punishment the defendant will receive. The defendant will have the opportunity to appear at this court date and defend their actions.
Terms
Ex Parte: without one party (the defendant)
Defendant: person who allegedly committed the violence
Plaintiff: person filing complaint
Pro Se: acting on one's own-without an attorney
Served: The sheriff's office has given the defendant papers stating that s/he is to appear in court.
50B: protective order/restraining order
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