How Long Will a 50B Order Stay in Effect?

Once the initial ex parte hearing is held and a plaintiff is awarded a Protective Order (Restraining Order), the plaintiff must then serve the defendant, which is usually through the Mecklenburg County Sheriff or Certified Mail. Once served on the defendant, the order is in effect for 10 days. On the tenth day, the defending party finally has the ability to challenge the allegations before a judge. In the event that a person is awarded a 50B Domestic Violence Protective Restraining Order, it can be put into effect for up to one year. Once in effect, the only option for an individual is to appeal it to a higher court.

Our Family and Criminal Lawyers assist individuals in obtaining 50B Domestic Violence Protective Orders and regularly defend individuals whom Restraining Orders are being brought against.

The one-year cap comes from G.S. 50B-3(b)

In North Carolina a domestic violence protective order cannot be permanent. G.S. 50B-3(b) provides that protective orders entered under Chapter 50B are “for a fixed period of time not to exceed one year”. The judge fixes the expiry date on the face of the order, and it can be shorter than a year. Nothing in the statute makes one year the default; it is the ceiling.

Expiry is automatic. When the date on the order passes, the order ends without anyone applying to end it, and the restrictions it imposed cease to be enforceable from that moment. The civil file remains a public court record, and the entry made in the National Crime Information Center registry under G.S. 50B-3(d) reflects an order that has expired rather than disappearing.

Temporary custody is treated separately and more strictly. G.S. 50B-3(b) provides that a temporary award of custody entered as part of a protective order may not be renewed so as to extend the total award beyond one year from the date of entry of the initial order. A custody arrangement intended to last longer has to be established in an action under Chapter 50.

Renewal can extend an order for up to two years at a time

In North Carolina an expiring order does not have to be the end of the matter. G.S. 50B-3(b) provides that “the court may renew a protective order for a fixed period of time not to exceed two years, including an order that previously has been renewed, upon a motion by the aggrieved party filed before the expiration of the current order”. Two features of that sentence do most of the work. Renewal is available for longer than the original order. And an order that has already been renewed can be renewed again, so there is no statutory limit on the number of renewals.

The timing requirement is strict. The motion must be filed before the current order expires. Once an order has lapsed, there is nothing left to renew, and the aggrieved party is put back to filing a fresh action and proving a new act of domestic violence under G.S. 50B-1(a).

The standard on renewal is good cause, and the statute is explicit that the commission of a further act of domestic violence after entry of the current order is not required for renewal. A defendant who has complied with an order throughout its term is therefore not automatically entitled to see it expire, and the renewal hearing is a hearing on the evidence rather than a formality either way.

The ex parte order has a much shorter life of its own

In North Carolina the emergency order that precedes the final order runs on its own timetable. G.S. 50B-2(c) requires that “a hearing shall 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”. Where service takes time, the hearing date moves with it, and the ex parte order continues in the interval.

An ex parte order entered by a magistrate under G.S. 50B-2(c1), which is available only where the district court is not in session and no district court judge will be available for four or more hours, is shorter still. It expires, and the magistrate schedules an ex parte hearing before a district court judge by the end of the next day on which the district court is in session.

A continuance does not of itself dissolve the ex parte order. The court will ordinarily extend it to the new hearing date, and a defendant who assumes that a postponed hearing means the restrictions have lapsed is in a dangerous position, because G.S. 50B-4.1(h) treats an emergency or ex parte order entered under Chapter 50B as a valid protective order for the purposes of a criminal violation charge, and G.S. 50B-4(f) does the same for enforcement under G.S. 50B-4(c).

Firearm consequences can outlast the order itself

In North Carolina the expiry of a protective order does not automatically return surrendered firearms. Where firearms, ammunition and permits were surrendered to the sheriff under G.S. 50B-3.1, the defendant must file a motion for their return, and G.S. 50B-3.1(f) requires that motion to be filed no later than 90 days after the expiration of the current order or the final disposition of any related criminal charges. The court then holds a hearing and determines whether the defendant remains disqualified from possession under state or federal law.

Where no motion is filed within that period, the sheriff may apply for disposal of the items, and the court may order them destroyed, transferred to a law enforcement agency, or otherwise disposed of as the statute permits. The window is short relative to the life of the order, and it runs from expiry rather than from any notice.

The firearm offenses run on the same limited footing as the order that created them. G.S. 14-269.8 operates “in accordance with G.S. 50B-3.1” and applies “if ordered by the court”, so where the court has made a firearm order the prohibition on possessing, purchasing or receiving a firearm lasts for as long as that protective order or any successive protective order is in effect, and a violation is a Class H felony. Failure to surrender under G.S. 50B-3.1(j) is likewise a Class H felony. Expiry of the order ends the prohibition going forward, but it does not undo an offense already committed: a charge under either section is complete when the conduct occurred and survives the expiry of the underlying order.

Appeal does not suspend the order while it is pending

In North Carolina a final domestic violence protective order is a final judgment of the district court in a civil action, and G.S. 7A-27(b)(2) provides an appeal of right to the Court of Appeals from such a judgment. The appeal is heard on the record made in the district court, and the usual ground is that the findings of fact do not support the conclusion that an act of domestic violence as defined in G.S. 50B-1(a) occurred, or that the findings themselves are unsupported by competent evidence.

Appealing does not put the order on hold. G.S. 50B-4(g) provides that a valid protective order entered under Chapter 50B which has been appealed to the appellate division remains enforceable in the trial court during the pendency of the appeal, so every restriction in the order stays live, and a violation during the appeal is prosecuted under G.S. 50B-4.1 in the ordinary way.

Motions in the trial court are the other route. A party may move for a new trial or to amend the judgment under G.S. 1A-1, Rule 59, or for relief from a judgment or order under G.S. 1A-1, Rule 60, and a party may move to modify or dissolve a protective order where circumstances have changed. Only the court can alter the order; agreement between the parties cannot.

Orders from other states run for their own term in North Carolina

In North Carolina a protective order entered elsewhere is enforced according to its own terms rather than being converted into a one-year North Carolina order. G.S. 50B-4(d) gives full faith and credit to a valid protective order entered by the courts of another state or of an Indian tribe, and G.S. 50B-4(e) allows a North Carolina court to determine whether such an order remains in full force and effect where that is contested.

The practical effect for someone who moves to Charlotte with an order from another jurisdiction, or who is subject to one, is that the duration set by the issuing court governs. Registration in North Carolina is available and attracts no court costs under G.S. 50B-2(a), and G.S. 50B-4(c) provides that a valid protective order is enforced by North Carolina law enforcement without further order of the court.

Common questions

Can a 50B order in North Carolina last longer than a year?

Not as a single order. G.S. 50B-3(b) limits a protective order to a fixed period not exceeding one year. It can, however, be renewed for a fixed period not exceeding two years, including an order that has already been renewed, on a motion by the aggrieved party filed before the current order expires. There is no statutory limit on the number of renewals, so an order can remain in force for years through successive renewals.

Does a 50B order have to be renewed before it expires?

Yes. G.S. 50B-3(b) requires the motion to renew to be filed before the expiration of the current order. Once an order has lapsed there is nothing to renew, and the aggrieved party must start again by filing a fresh Chapter 50B action and proving an act of domestic violence as defined in G.S. 50B-1(a). The renewal deadline is a filing deadline, not a hearing deadline.

Is a new act of domestic violence needed to renew a protective order in North Carolina?

No. G.S. 50B-3(b) allows renewal for good cause and states that the commission of an act as defined in G.S. 50B-1(a) after entry of the current order is not required. A renewal hearing therefore looks at whether good cause exists on the whole of the circumstances, and compliance with the existing order during its term does not by itself defeat a renewal motion.

When does a 50B order stop appearing in law enforcement records?

The order is entered into the National Crime Information Center registry by the sheriff of the county where it was entered, under G.S. 50B-3(d). When the order expires it ceases to be enforceable, and the registry reflects that. The underlying civil court file remains a public record of the district court. Expiry of the order does not by itself remove any record of the proceeding from the court’s files.

Written for North Carolina law and reviewed by David P. Sheehan, attorney, Charlotte. General information, not legal advice — see the disclaimer.