In North Carolina, Domestic Violence Protective Orders are an important piece of the puzzle long sought to prevent as much family violence as possible. But, as the courts get more aggressive and actively take federal, state and local funding, the situation often gets lopsided when there is a case for child custody involved. The 50B domestic violence order is an often used tool in child custody hearings that has now become the subject of abuse itself. How is this possible? Well, violation of a 50b protective order in North Carolina can result in a Class A1 misdemeanor conviction and considerable jail time. It bridges the waters between civil and criminal court action. In fact, while the request for relief of the order itself is a civl or family court action in District Court, the request to find the defendant subject to the order in violation is actually a criminal act, as opposed to an act of criminal contempt.

This bridging alone results in hundreds of thousands of dollars each year wasted in the courtrooms of North Carolina as Prosecutors take on charges of contempt in a fashion that reads more like a criminal misdemeanor assault. The jurisdictional lines of the charges are blurred as well and the rules for law enforcement agencies responding to alleged violations are hyper-specific.

This is not a civil proceeding and the best way to use these orders effectively and limit the abuse of these orders by divorcing spouses and those involved in custody battles is to appoint counsel in every case where a minor child is involved from the initial ex parte filing of the 50b request.

For more information about the 50b order: http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bychapter/chapter_50b.html

In North Carolina, any person who has had a relationship with another person can ask for an order of protection (restraining order) and has little or no burden of evidence. Just the words (I am afraid) can be enough to get these orders. They can limit interaction with a child and a single phone call (with or without evidence or probable cause) can result in an immediate arrest and a 48 hour hold.

A "victim's advocate" is frequently on the side of the plaintiff or complainant in these cases, but there is usually no one to stand with the defendant. 

if the defendant is unaware of their rights or intimidated by the complaintant, the situation quickly grows in the complainants favor. They can lose their home, their children, and many of their everyday activities in freedoms with one signature. 

These hearings are a nightmare for divorcing fathers and I have never seen a hearing where a mother wants a restraining order denied.

NC's general statutes state that these orders cannot be used for custody beyond one year, but I have personally witnessed a complainant reboot the order (without renewal) simply by going to another county.

We can't do it without your support.