What is Domestic Violence?:
Domestic violence means the commission of one or more of the following acts upon an aggrieved party or upon a minor child residing with or in the custody of the aggrieved party by a person with whom the aggrieved party has or has had a personal relationship, but does not include acts of self-defense:
Domestic Violence Protective Order or
“What does a 50B do for me?”
Attempting to cause bodily injury, or intentionally causing bodily injury; or placing the aggrieved party or a member of the aggrieved party’s family or household in fear of imminent serious bodily injury; or committing any act defined as rape or a sexual offense by North Carolina General Statute.
The term “personal relationship” means a relationship wherein the parties involved:
• Are Current or former spouses;
• Are persons of opposite sex who live together or have lived together;
• Are related as parents and children, including others acting in loco parentis to a minor child, or as grandparents and grandchildren. An aggrieved party may not obtain an order of protection against a child or grandchild under the age of 16;
• Have a child in common;
• Are current or former household members;
• Are persons of the opposite sex who are in a dating relationship or have been in a dating relationship. A dating relationship is one wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship. A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship.
"How Do I Get a 50B?"
A Domestic Violence Protective Order (50B) can be obtained without the assistance of an attorney. The necessary paper work can be obtained through the Civil Clerk of Court located in Wentworth. After filling out the paperwork, you will have a hearing before a judge. The judge will make a determination as a result of the hearing to approve the order in full or in part, or deny the order. If the order is approved and signed by the judge, you will be given a court date which will be within ten days of the day you filed.
After the order is obtained, it will be taken to the records division of the sheriff’s office to be served. The defendant will not be bound by the terms of the order until it is lawfully served upon them.
At the hearing, you and the defendant will both have an opportunity to plead your case. It is important you attend the hearing because the judge can order part or all of the conditions listed on the Ex Parte to remain in effect for up to one year.
The Rockingham County Clerk’s Office is open Monday – Friday 8:00 AM to 5:00 PM. The phone number is 336-342-8700.
Detective Mary Jane Webb is the Special
Victims Investigator for the Sheriff's Office. Her contact number is 336-634-3238 ext. 4117.
Click Here to email Detective Mary Jane Webb