Know your legal rights

Who qualifies

A 50B order is available if you have a qualifying relationship with the person who harmed you AND one or more of the listed acts occurred. Qualifying relationships include: current or former spouses, persons of opposite sex who live together or have lived together, parents and children, household members, persons who share a child, and — for sexual assault — any person regardless of relationship. NC Gen. Stat. § 50B-1.

Covered acts (examples)

• Attempting to cause or intentionally causing bodily injury
• Placing you in reasonable apprehension of imminent serious bodily injury
• Committing rape or other sexual assault (even by a spouse)
• Stalking or non-consensual sexual conduct as defined in NC law

There is no minimum waiting period or required number of incidents. A single act may be sufficient.

Ex parte (temporary) order

A judge can issue a temporary "ex parte" order the same day you file, without the respondent present, if the judge finds good cause. This order lasts until the full hearing. § 50B-2.

The full hearing

A hearing with both parties is scheduled within ten days of the ex parte order (this may be continued for good cause). If the judge grants a final order, it typically lasts up to one year and can be renewed. § 50B-3.

What a 50B order can do

• Order the respondent to stop abuse, harassment, and contact
• Require the respondent to leave a shared residence
• Award temporary custody of minor children
• Grant possession of a vehicle
• Order the respondent to attend a batterers' intervention program
• Prohibit the respondent from purchasing, possessing, or transferring firearms (federal law — 18 U.S.C. § 922(g)(8) — also independently bars possession while a qualifying order is in effect)

Important limits

A protective order is a legal tool, not a physical barrier. It legally prohibits contact and creates consequences for violation, but it cannot guarantee physical safety. Violations should be reported to law enforcement immediately. Officers are required to enforce valid NC protective orders. § 50B-4.1.

How to file

1. Go to your county courthouse's civil or domestic division.
2. Ask the clerk for a 50B complaint form (Form CVS-462). Filing is free.
3. Complete the form. Court staff can assist with the process but cannot give legal advice.
4. The clerk will schedule a hearing and arrange for the respondent to be served.

NC Judicial Branch — How to get a protective order

A 50C order addresses stalking and nonconsensual sexual conduct by people who do not have a qualifying domestic relationship for a 50B order (for example, a neighbor, coworker, or acquaintance). NC Gen. Stat. § 50C-1.

The process is similar to a 50B: file at the courthouse, a temporary order may issue the same day, and a full hearing follows. A 50C order does not automatically require the respondent to surrender firearms.

North Carolina does not have a state law specifically prohibiting employers from firing employees because they are victims of domestic violence. The employment protections that do exist are narrower than is sometimes assumed.

What North Carolina law does provide

• Court attendance: NC law generally allows employees to take unpaid leave for court proceedings related to being a crime victim, though requirements vary. Ask your employer or an attorney for specifics.
• Accommodations: You may request reasonable workplace accommodations (such as a change of location or hours) for safety reasons. An employer is not automatically required to grant every request, but many will do so voluntarily. The request may need to be documented.
• OSHA General Duty: Employers have a general duty to provide a workplace free from recognized hazards, which some interpret to include domestic violence threats, but enforcement is limited.

Federal law that may apply

• If your employer has 50 or more employees, the Family and Medical Leave Act (FMLA) may allow unpaid leave for qualifying medical conditions, including physical or mental health treatment related to abuse.
• The Americans with Disabilities Act (ADA) may apply if abuse-related conditions (PTSD, for example) meet the definition of a disability.

NC does not have a law that independently requires employers to keep domestic-violence information confidential. You may choose to disclose only as much as needed. Speaking with an employment attorney or legal aid is advisable before sharing sensitive information at work.

The Health Insurance Portability and Accountability Act (HIPAA) prohibits most healthcare providers from sharing your medical information without your written authorization. You have the right to request that billing statements and appointment reminders be sent to an address other than your home. U.S. HHS — HIPAA for Individuals.

Important limits

• Shared insurance: If you and your abuser share a health insurance plan, the plan may send Explanation of Benefits (EOB) statements to the policyholder's address. Ask your insurer about confidential communications options, or ask about getting services billed separately.
• Mandatory reporting: Healthcare providers in NC may be required to report certain injuries to law enforcement. You can ask your provider about their reporting obligations before or during treatment.
• Emergency contacts: Ask providers to remove your abuser as an emergency contact and to verify your identity before sharing information by phone.

Being honest with healthcare providers about the cause of injuries helps create a medical record that can be important for legal proceedings later.