• Home
  • About Us
    • Our Team
    • Areas We Serve
    • Giving Back
    • Employment Opportunities
  • Cases
    • Absolute Divorce
    • Adoption
    • Alienation of Affection
    • Alimony
    • Annulment
    • Child Custody & Support
      • Child Custody FAQ
      • Child Support FAQ
      • Child Support Enforcement
    • Divorce
      • Collaborative Divorce
    • Domestic Violence
    • Grandparent Rights
    • Divorce Mediation
    • Prenuptial Agreements
    • Division of Property
      • Valuing Business Assets
    • Separation Agreements
    • Wills
  • Library
    • Videos
    • Books
    • Awards
  • Testimonials
  • Contact Us
  • Call Us Now!

Questions? Call Us at (704) 912-4656

Locations
(704) 912-4656
Charlotte NC Divorce Lawyer & Family Law Attorneys - McIlveen Family Law Charlotte NC Divorce Lawyer & Family Law Attorneys - McIlveen Family Law
  • About Us
    • Our Team
    • Areas We Serve
    • Giving Back
    • Employment Opportunities
  • Cases
    • Absolute Divorce
    • Adoption
    • Alienation of Affection
    • Alimony
    • Annulment
    • Child Custody & Support
      • Child Custody FAQ
      • Child Support FAQ
      • Child Support Enforcement
    • Divorce
      • Collaborative Divorce
    • Domestic Violence
    • Grandparent Rights
    • Divorce Mediation
    • Prenuptial Agreements
    • Division of Property
      • Valuing Business Assets
    • Separation Agreements
    • Wills
  • Library
    • Videos
    • Books
    • Awards
  • Testimonials
  • Contact Us
  • Call Us Now!

Can I Get a Protective Order Without My Spouse in Court?

Home Domestic Violence Can I Get a Protective Order Without My Spouse in Court?

Can I Get a Protective Order Without My Spouse in Court?

Dec 30, 2011 | Posted by admin | Domestic Violence | 0 comments |

iStock_000016965238LargeIn NC, there are two types of domestic violence protective orders:

Ex parte/Temporary protective orders

Final domestic violence protective orders, often called a 50B order or a restraining order

Ex parte simply means that one party appears before the judge and the other party is not present. An ex parte order is temporary and a full hearing must take place to determine the final relief.

If you are a victim of domestic violence you can file a civil action or a motion if there is already a current case pending and request a protective order. Prior to the hearing, if the court finds that there is a danger of domestic violence to the aggrieved party or to a minor child the judge can issue an order to protect the party or child. This can include a temporary order for custody ex parte prior to the service of process on the other party. However, the judge can only issue a temporary custody order if he/she finds that the child is exposed to a substantial risk of physical or emotional injury or sexual abuse. If the judge finds that the child is at risk of the above, the judge can order the child returned to the parent requesting relief, forbid the other parent from visiting with the child, or order the child not be taken from the parent requesting relief if it is in the best interest of the child. The judge can also order supervised visitation. If a judge issues an ex parte order, a hearing will be held within 10 days from the date of issuance of the order or within seven days from the date of service of process on the other party, whichever occurs later.

Under § 50B‑3 the court including a magistrate can order the following relief:
(a) If the court, including magistrates as authorized under G.S. 50B‑2(c1), finds that an act of domestic violence has occurred, the court shall grant a protective order restraining the defendant from further acts of domestic violence. A protective order may include any of the following types of relief:

(1) Direct a party to refrain from such acts.
(2) Grant to a party possession of the residence or household of the parties and exclude the other party from the residence or household.
(3) Require a party to provide a spouse and his or her children suitable alternate housing.
(4) Award temporary custody of minor children and establish temporary visitation rights pursuant to G.S. 50B‑2 if the order is granted ex parte, and pursuant to subsection (a1) of this section if the order is granted after notice or service of process.
(5) Order the eviction of a party from the residence or household and assistance to the victim in returning to it.
(6) Order either party to make payments for the support of a minor child as required by law.
(7) Order either party to make payments for the support of a spouse as required by law.
(8) Provide for possession of personal property of the parties, including the care, custody, and control of any animal owned, possessed, kept, or held as a pet by either party or minor child residing in the household.
(9) Order a party to refrain from doing any or all of the following:

a. Threatening, abusing, or following the other party.
b. Harassing the other party, including by telephone, visiting the home or workplace, or other means.
b1. Cruelly treating or abusing an animal owned, possessed, kept, or held as a pet by either party or minor child residing in the household.
c. Otherwise interfering with the other party.

(10) Award attorney’s fees to either party.
(11) Prohibit a party from purchasing a firearm for a time fixed in the order.
(12) Order any party the court finds is responsible for acts of domestic violence to attend and complete an abuser treatment program if the program is approved by the Domestic Violence Commission.
(13) Include any additional prohibitions or requirements the court deems necessary to protect any party or any minor child.

Tags: childrencivil procedurecontactcourt orderdomestic violencedomestic violence casesex parteex parte orderinjunctionjudgesjudicial remediesmarried couplesncorderspoliticsrestraining ordersocial issuesspousestemporary
0 Comments
0
Share

About admin

This author hasn't written their bio yet.
admin has contributed 36 entries to our website, so far. View entries by admin.

You also might be interested in

Can I Move My Kids to Another State?

Dec 30, 2011

Whether or not you can move your child or children[...]

Divorce for Couples With High Net Worth

Jan 2, 2012

Divorce can be a difficult process for anyone but it[...]

Can I Change My Child’s School?

Dec 29, 2011

There are two types of custody that are often used interchangeably but[...]

Leave a Reply

Your email is safe with us.
Cancel Reply

Areas of Practice

  • Absolute Divorce
  • Adoption
  • Alienation of Affection
  • Alimony
  • Marriage Annulment
  • Child Custody & Support
  • Divorce
  • Domestic Violence
  • Grandparent Rights
  • Divorce Mediation
  • Prenuptial Agreements
  • Division of Property
  • Separation Agreements
  • Last Will and Testament

Awards & Memberships

Download Our FREE North Carolina Divorce Guidebook Download eBook

Gastonia Office

  • McIlveen Law Firm
  • 174 S. South Street Suite 301, Gastonia, NC 28052
  • (704) 912-4656

Charlotte Office

  • McIlveen Law Firm
  • 1704 East Blvd. Charlotte, NC 28203
  • (704) 912-4656

Focus Areas

Adoption
Divorce
Child Custody and Support
Alimony
Property
Separation

About The Firm
Our Team
Contact Us
Legal Disclaimer
Directions
Privacy Policy

Fresh from our blog

  • Don’t Go It Alone: The Top 10 Reasons Why You Should Never Be A Pro Se Litigant in Family Law Cases
    Don’t Go It Alone: The Top 10 Reasons Why You Should Never Be A Pro Se Litigant in Family Law Cases
  • What Happens to our iTunes Account and Other Digital Assets if we get Divorced? The Legal Challenges of Identifying, Valuing, and Dividing Digital Property
    What Happens to our iTunes Account and Other Digital Assets if we get Divorced? The Legal Challenges of Identifying, Valuing, and Dividing Digital Property
  • Sleep Deprivation Is Affecting Your Emotions
    Sleep Deprivation Is Affecting Your Emotions

Follow Our Twitter

Tweets by @McIlveenlaw

© 2025 · McIlveen Family Law Firm

  • Home
Prev Next