Updated 7/23/2024
A typical 50B is taken out against a spouse or boyfriend whereas a typical 50C is taken out against a neighbor or co-worker. Another important distinction is that violation of a 50C does not subject a defendant to immediate arrest like a 50B. That being said violation can lead to a finding of contempt of Court that may eventually result in incarceration. A 50C is generally granted on a temporary basis (usually 10 days or less) until the defendant is noticed for a full hearing at which time the Order may be extended for up to a year. At the full hearing the Plaintiff is required to testify why they are seeking a restraining order and present any evidence and/or call witnesses as to the unlawful conduct of the defendant. At this hearing, the defendant has the right to confront and question his or her accuser and call any witnesses or present evidence to show why an Order of protection should not be granted. For a Plaintiff/victim to qualify for a 50C:
What is stalking under NC law?Stalking has been defined by statute as on more than one occasion, following or otherwise harassing, another person without legal purpose with the intent to do any of the following:
Stalking may even include cyber-stalking as well. It is important to realize that a 50C is simply a civil restraining Order and does not constitute criminal charges and the right to a court appointed lawyer for defense or the district attorney for prosecution. You will have to represent yourself in court unless you elect to hire private counsel to attend the hearing with you. The AOC Complaint form to obtain a 50C is provided below if you feel you qualify and believe a Court Order would stop the unlawful conduct. Be aware you may also be entitled to seek criminal charges in addition to a 50C, but that would require you to contact the police or magistrate. If you are a defendant who has been served with a 50C you should strongly consider seeking legal counsel to protect your reputation as any Order of protection against you would be in the public record and could pose long term risks related to employment. Is 50C a criminal of civil matter?Both 50B and 50C restraining orders start out as civil actions. A defendant is required to appear, although the relief requested by the Plaintiff is likely to be granted without any opposition. Violation of a 50C Restraining Order is punishable as criminal or civil contempt of court. Violation of a 50B is a Class A1 criminal misdemeanor. 50C Restraining Order Complaint
40 Comments
Doris Ballard
10/24/2015 06:13:36 am
Thank you for the quick response to my call...the officer, Buddy, was very professional....May God Bless and protect each one of you.
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Rebecca
10/17/2016 01:41:20 pm
If you have a 50 c and you see the person in the store that you are in and they keep following you to other places, what can be done? If the police are called, can they tell them to leave? How can contemp charges be brought up if they keep violating the order, but the police can't arrest them?
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Jason Witt
10/17/2016 06:48:52 pm
Your remedy is to file an action for criminal or civil contempt (ideally criminal). Other option may be to go the magistrate and attempt to take out a criminal charge for stalking.
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Lisa
5/18/2017 05:59:30 am
If you have been falsely accused of stalking and you go to court and prove you are not a stalker can you sue your accuser???
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Jason Witt
5/18/2017 08:29:58 am
You could certainly consider a claim for Intentional Infliction of Emotional Distress and/or for any attorney fees associated with the defense of your case. Just realize you would have the burden of proof and would need to show more than the 50C was simply dismissed.
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Darr
8/9/2017 07:58:58 am
I had an argument with a coworker last week at work after the argument she threatened to take out a restraining order on me. Two days after the incident both of us where written up for the argument (not at the same time or in the same room but by the same person ). When it was my turn to talk to the boss and sign the papers we talked about what was going on and he made the comment that the other person involved told him that she just needs to find my address since she can't do anything at work. Our addresses are on our pay stubs next to the time clock so anyone can see the address. Is there anything that I can even do in this situation?
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Jason Witt
8/9/2017 09:33:35 am
At this point I would recommend speaking with an employment law attorney. Not sure why your employer feels the need to have your personal info available to all employees, but you need to be care about how you approach this issue. My guess is both you and this other employee are at risk of being fired at this point.
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mary smith
9/5/2017 06:32:50 pm
I was given papers for a 50 C I think but I'm trying to understand how she was able to do this we were in a recent 5 year relationship broke up and only thing that happen was some texts and emails Mutual her and I so how am I charges with this when she was doing the same thing...I even filed harrasment on her with her job because she was sending some while at work...I finally changed my number and 8 days later im served with the papers! Does she have a case against me?
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Jason Witt
9/5/2017 08:49:46 pm
Did you mean 50B instead of 50C? If the ex-parte order was granted then obviously a judge thinks there are grounds. Best bet is speak with a local attorney about fighting it at the full hearing.
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Richard Dudley
9/10/2017 10:50:31 am
I have a 50 b or 50 c filed against me. I see a lawyer next week. In the meantime she is still sending me text messages and even said that they told her she would get in trouble for contacting me. What could happen?
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Jason Witt
9/10/2017 11:49:02 am
Restraining orders are supposed to be about fear of the other person. If she is still sending you text messages then that is good evidence she is not afraid of you.
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Scott Malkenson
10/11/2017 10:34:50 pm
I have an aquaintance (bad spelling sorry) who came to my house today drunk threatening me and my family and friends, I didn’t call the law, probably should have, so my question is would the 50 c apply to my case?
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Jason Witt
10/11/2017 11:21:34 pm
I don't believe you meet the criteria for a 50C unless he returns. You could certainly go to your local magistrate and try and take out criminal charges. That being said, sometimes criminal charges can make a bad situation worse if the other person is crazy and you think they would otherwise leave you alone.
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Shane smith
2/2/2018 07:27:57 pm
I received an email requesting no further contact from my cousin who I lived with for several years. Problem is, I like jogging in and around the neighborhood she lives in because I lived there for several years. I am not antagonizing her or trying to stalk her, I do not even jog on her street.
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Jason Witt
2/2/2018 08:10:24 pm
A restraining order puts you 1 step away from criminal charges if the other party feels like having you locked up. Best bet is to lawyer up and fight any restraining order that restricts your activity or whereabouts.
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3/13/2018 11:43:15 pm
I was wrongfully terminated and the two supervisors who alleged the charges took out a 5oc do I need to defend myself from this charge I have filed an EEOC becaue I was wrongfully terminated for whistleblower, sexually harassed and racially intimidated. I have filed an EEOC claim and the company claims they have not fired me only removed me from the premises do I need to appear?
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Jason Witt
3/14/2018 08:31:46 am
You should definitely hire an attorney and fight the restraining order or else adverse findings of fact will be in a court order and possibly used against you in your EEOC claim. Be aware a 50C is a civil action and therefore you are not entitled to a court appointed lawyer.
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Cynthia Forney
7/30/2018 09:02:00 pm
I was told I had a 50C back in 2015, and now I am just wandering if it was over. I was not to harass , abuse, threaten my ex and I guess my kids. Now I want to see my boys unsupervised and he keeps throwing that up in my face. My oldest is 18 and has been told he can never have anything to do with me. My ypungesy who will be 17 in just a few days this is the same thing lease I need some advice
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Jason Witt
7/30/2018 09:51:04 pm
Do you mean 50B? That is what is used when the parties were in a prior relationship. In any event you would need to check the court file to see if the restraining order has expired or if it was renewed.
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Sasha
12/5/2018 03:39:27 pm
I'm having an issue with an ex stalking me . We are both female and I think that's make the difference in a 50b and 50c. I'm getting text and phone calls and I've asked them to stop, they left a card and note at my house, and they ve delivered flowers to me. I'm not sure what they may or may not do. I think she is psycho. What can I do to put a stop to her or at least let her know I'm not playing and I want it to stop.
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Jason Witt
12/5/2018 07:04:22 pm
Being the same sex has nothing to do with 50B v. 50C. If you were in a dating relationship then a 50B would be appropriate due to her harassment. Another option would be criminal charges for harassing phone calls or text messages. At this point you may want to warn her that further communication is against the law and will result in you taking legal action. Another option is simply go to the courthouse and ask for a 50B, but be aware there will be a full hearing where she can contest any restraining order.
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Sasha
12/6/2018 11:44:37 am
Thank you very much. I really appreciate it.
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Monika
12/19/2018 11:31:08 am
I took out a 50c against my previous boss because she kept harassing me on fb, even on her own profile posting things about me that were false. Now she has posted something else. I did post something about the business she works at (about animal abuse happening there) after I got the 50c. Am I in violation of my own 50c against her by posting something about the animal abuse there? I did not even say her name or the name of the business, just that there was abuse happening in that town and nothing was being done.
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Jason Witt
12/19/2018 11:52:51 am
Most restraining orders are 1-way meaning only the defendant can violate the order.
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Fran Farley
12/29/2018 12:19:19 pm
I was served a 50C (buncombe county NC) by my daughters X husband. If I am understanding the law w the fact he lived in my home for 2 years prior to me evicting him technically he can not filed such an order? He is making false allegations as well. He states I am posting his name on FB and making slanderous comments about him. I have never mentioned his name on my FB page. I live in NY and he is in NC. He has made FB posts w death threats at my family & myself. The only reason I am in NC is to do with court stuff that due to his LIES seems to never end. My hubby did have an arrest warrant issued on 12/3/18 due to him passing by him in court room & threatening he was Getting a gun. My question if I am right it is a 50C & the fact I can prove he lived in my home in NY for a good 2 years until I evicted him because I could not handle his abuse stealing & destroying my property should that warrant order being dismissed??? If so can he just go and file a 50B and drag me back to NC. When my hubby & I applied for a 50B (Henderson County NC) against him over the death threats posted on FB the judge dismissed the 50B the day of hearing stating because Hubby & I did NOT reside in NC we had no rights to a 50B.
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Jason Witt
12/29/2018 03:32:26 pm
It appears to a local judge his allegations satisfy the requirements for a 50-C. Take a look at the statute below. At this point you should discuss the matter with an attorney in Buncombe county.
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Rhae
5/1/2019 08:32:01 am
One of the employees of my company is being harassed and threatened by a former employee. The former employee continues to contact numerous employees each day. Can we file a 50C to stop him from contacting our company? As a whole?
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Jason Witt
5/1/2019 01:28:21 pm
A company should be able to proceed as the plaintiff.
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Jayme
12/4/2019 11:09:33 am
If I file a 50-C can I name all parties that I do not want the defendant to contact even if they are adult children and do not live with me anymore?
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Jason Witt
12/4/2019 03:19:45 pm
Those other people would likely need to apply for their own 50C.
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Anisa
12/30/2019 07:58:59 pm
I have a 50B filed by my former Manager I had an affair with. He claimed that I threatened him and he took out 50B 2 weeks after he was placed on Emergancy placement for investigation by HR.
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Jason Witt
12/30/2019 08:31:27 pm
Both are merely civil and not criminal actions That being said, you should fight them both rather than allow them to be used against you in the future in any capacity. Sometimes a plaintiff will lose interest after having to attend court more than once and simply give up.
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Natalie Torres
4/17/2020 11:39:25 am
The sister of my ex who i have filed Assult charges on filed a 50C against me while i was in jail. Because i was not taken to court to defend myself the order was granted the allegations are all false and this person has been harrasing all of my family and some friends through social media messages. Is this something i can have overturned?
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Jason Witt
4/17/2020 10:24:53 pm
Were you served with the Complaint in jail? Why were you in jail and how long were you in jail? Are you out of jail now?
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Tim Long
6/14/2021 03:55:47 pm
Is there a way to expunge a 50 C that was dismissed? I have evidence that the person lied.
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Jason Witt
6/14/2021 03:57:42 pm
Expunctions are for criminal charges. A 50-C just like a 50-B is a Civil action.
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Jim
8/3/2022 10:12:51 pm
I filed a 50c against a neighbor in NC, it’s been continued twice and due to work I won’t be able to make it to the hearing again. I called the clerk of courts today (day before the hearing) when I found out my work wasn’t going to allow me to be off due to it being a very busy day there and I have no personal days to take. So the clerk said she would let the judge know I wanted to drop it just to keep from having to continually find out last minute that I’m not gonna be allowed off work to attend the hearing. Can I get in trouble for not showing up in court as the plaintiff in the 50c case?
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Jason Witt
8/4/2022 07:48:52 am
Did the clerk indicate not appearing would create a problem for you? Never seen a Plaintiff get in trouble for not appearing before.
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Lacy Oxendine
11/11/2023 11:20:27 am
If you court date was continued does that 50 b is active still or inactive
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Jason Witt
11/11/2023 03:13:45 pm
If an ex-parte order was entered it usually remains in place if continued for a later hearing date.
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