Domestic Violence Civil No-Contact Orders
If you’re facing violence or threats from someone you don’t have a personal relationship with under North Carolina’s domestic violence law, a civil no-contact order may still offer protection.
What a Civil No-Contact Order Covers
North Carolina’s domestic violence protective orders under Chapter 50B are only available to people in specific relationships, such as spouses, former spouses, or those who live together. When the person causing harm doesn’t fall into one of those categories, a civil no-contact order under Chapter 50C can still provide protection from unlawful conduct like stalking or nonconsensual sexual contact.
A civil no-contact order can require the other person to stay away from you, your home, and your workplace, and can prohibit further contact of any kind.
How to Request a Civil No-Contact Order
What you’ll need
- A written or verbal account of the incidents
- Any evidence: messages, photos, witnesses
- To file a complaint in district court
What the order can do
- Prohibit contact and require distance
- Cover a set period, often up to one year
- Be renewed if the threat continues
Chapter 50C Civil No-Contact Orders in Plain English
Chapter 50C of the North Carolina General Statutes fills the gap left by the domestic violence statute. Chapter 50B protects you from a spouse, partner, household member or relative. Chapter 50C protects you from everyone else: a coworker, a neighbor, a former friend, an acquaintance from school, a customer, or a stranger who has fixed on you. The statute calls the wrongdoing “unlawful conduct,” and it covers two things.
Stalking
On more than one occasion, following or otherwise harassing you without legal purpose with the intent to place you in reasonable fear for your safety or the safety of your immediate family or close personal associates, or to cause you substantial emotional distress by placing you in fear of death, bodily injury or continued harassment. Repeated unwanted texts, calls and messages, showing up at your home or workplace, tracking your movements, and contacting your friends or employer about you can all qualify. A single incident is not stalking; the statute requires a course of conduct.
Nonconsensual sexual conduct
Any intentional or knowing touching, fondling or sexual penetration by a person, directly or through clothing, of your sexual organs, anus or breast, or the use of your body to touch the other person’s, for the purpose of sexual gratification or arousal, without your consent. One incident is enough. A criminal charge is not required, and the civil case proceeds on the lower “preponderance of the evidence” standard even if the criminal case does not.
Who can file
Any person who has suffered unlawful conduct may file, and a parent or guardian may file on behalf of a minor or an incompetent adult. You file where you live, where the defendant lives, or where the conduct occurred. There is no filing fee. The person you are seeking protection from must not be someone with whom you have a 50B “personal relationship”; if there is such a relationship, the court will require you to proceed under Chapter 50B instead.
The 50C Process
- File the complaint. The clerk of superior court provides the forms. Describe each incident with dates, what was said or done, and any witnesses. Attach screenshots, messages, photographs or police reports if you have them.
- Temporary order. If you allege that you are in immediate danger, a judge may enter a temporary civil no-contact order without notice to the defendant. It lasts until the full hearing, which must be held within ten days of the temporary order.
- Service. The sheriff serves the defendant with the complaint, any temporary order and notice of the hearing.
- Hearing. Both sides may testify and present evidence. You must prove that the defendant committed unlawful conduct against you. The defendant may consent to the order.
- Permanent order. If the judge finds unlawful conduct, the court enters a civil no-contact order for a fixed period of up to one year. Before it expires you may move to renew it for good cause, and the court may renew it for up to one additional year at a time.
50B vs. 50C: Which Order Do You Need?
| Chapter 50B (DVPO) | Chapter 50C (Civil No-Contact) | |
|---|---|---|
| Who it covers | Spouses, ex-spouses, dating partners, household members, parents and children, people with a child in common | Anyone without a 50B relationship |
| Conduct | Bodily injury, fear of imminent serious injury, harassment causing substantial emotional distress, sexual offenses | Stalking or nonconsensual sexual conduct |
| Relief | No contact, stay away, possession of home and vehicle, temporary custody and support, firearm surrender, attorney fees | No contact, stay away from home, work and school, cease stalking or harassment, other relief the court finds necessary |
| Firearms | Court may order surrender; federal law bars possession | No firearm provisions |
| Duration | Up to 1 year; renewable up to 2 years at a time | Up to 1 year; renewable up to 1 year at a time |
| Violation | Criminal offense; warrantless arrest | Contempt of court; underlying conduct may also be charged criminally as stalking |
If you are not sure which chapter applies, the question to ask is whether you were ever in a relationship with the person or lived in the same household. If yes, start with our page on domestic violence protective orders. If no, Chapter 50C is your remedy.
Civil No-Contact Order FAQs
What’s the difference between a 50B and 50C order?
A 50B order applies to domestic relationships, such as spouses or people who live together. A 50C civil no-contact order applies when there’s no qualifying personal relationship but unlawful conduct like stalking has occurred.
How long does a civil no-contact order last?
These orders typically last up to one year, though they can be renewed if the underlying threat or conduct continues.
What happens if the order is violated?
Violating a civil no-contact order can result in criminal contempt charges. Report any violation to law enforcement immediately.
Can I get a 50C order against a coworker?
Yes. Coworkers, supervisors and customers are the most common 50C defendants. The order can prohibit contact and direct the defendant to stay away from you, and the court can tailor it so that you can both continue working. You may also have separate rights under your employer’s policies or federal law.
Can I get a 50C order against someone I went on a date with?
It depends. A single date or casual acquaintance is not a “dating relationship” under Chapter 50B, so Chapter 50C applies. If the relationship was romantic and continued over time, the court will treat it as a 50B relationship and require a DVPO instead.
Do I need a police report to file for a civil no-contact order?
No. A police report or criminal charge helps as evidence but is not required. The civil case is proven by your testimony and any documents or witnesses you have. Keep every message and note every incident with a date.
What happens if the defendant violates a 50C order?
Violating a civil no-contact order is punishable as contempt of court, which can include jail. Unlike a 50B violation, it is not itself a separate crime, but the conduct that violates it, such as continued stalking or harassment, can be charged criminally. Report each violation to law enforcement and to the court.
Can the court order the defendant to pay my attorney fees?
Chapter 50C does not include a specific attorney fee provision, unlike Chapter 50B. Fee awards are uncommon. Many people file the initial complaint on their own using the clerk’s forms and retain an attorney for the hearing if the defendant contests the order.
Will a 50C order affect the defendant’s job or gun rights?
A civil no-contact order is a public court record that can appear on background checks and may affect security clearances or certain licenses. It does not by itself prohibit firearm possession; that consequence attaches only to domestic violence protective orders under Chapter 50B.
Related Reading
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