A Domestic Violence Protection Order, also known as a 50B, can be granted if the plaintiff shows she or he needs protection due to an act of domestic violence or fear of continued harassment by the defendant. In Raleigh, 50Bs are heard in Courtroom 5A of the Wake County Courthouse at 316 Fayetteville St. Although a domestic violence protection order (DVPO) is a civil matter, it can carry criminal consequences.
If someone has filed a 50B against you, you have the right to be heard by a judge in a hearing. A hearing is treated as a trial; the rules of evidence apply. The accuser goes first and states why they feel they need protection. They are able to call witnesses and present evidence. After the plaintiff is finished, the defendant can present their case of why they should not have an order filed against them. They also have the chance to call witnesses and present evidence.
Some would prefer to just consent to the restraining order without a hearing. This can often be a good strategy to keep certain incriminating facts off the record, especially if there are criminal charges pending in connection with the DVPO. Additionally, a consent order tends to be preferable for those who have immigration issues in order to keep bad facts from immigration court discovery.
DVPOs should not be ignored or taken lightly. If you have a DVPO pending against you, call the experienced 50B attorneys of Granados Law Group, PLLC at 919-650-2851.