Domestic Violence Information

What does a 50-B Order do?

How do I get a 50-B?

Domestic Violence Statistics

  • Nearly 2 in 3 female victims of violence were related to or knew their attacker. (Ronet Bachman Ph.D., U.S. Department of Justice Bureau of Justice Statistics, "Violence Against Women: A National Crime Victimization Survey Report," January 1994, p. iii)
  • Someone known to them committed over two-thirds of violent victimizations against women: 31% of female victims reported that the offender was a stranger. Approximately 28% were intimates such as husbands or boyfriends, 35% were acquaintances, and the remaining 5% were other relatives. (In contrast, victimizations by intimates and other relatives accounted for only 5% of all violent victimizations against men. Men were significantly more likely to have been victimized by acquaintances (50%) or strangers (44%) than by intimates or other relatives.) (Ronet Bachman Ph.D., U.S. Department of Justice Bureau of Justice Statistics, "Violence Against Women: A National Crime Victimization Survey Report," January 1994, p. 1)
  • Almost 6 times as many women victimized by intimates (18%) as those victimized by strangers (3%) did not report their violent victimization to police because they feared reprisal from the offender. (Ronet Bachman Ph.D., U.S. Department of Justice Bureau of Justice Statistics, "Violence Against Women: A National Crime Victimization Survey Report," January 1994, p. 1)
  • Annually, compared to males, females experienced over 10 times as many incidents of violence by an intimate. On average each year, women experienced 572,032 violent victimizations at the hands of an intimate, compared to 48,983 incidents committed against men. (Ronet Bachman Ph.D., U.S. Department of Justice Bureau of Justice Statistics, "Violence Against Women: A National Crime Victimization Survey Report," January 1994, p. 6)
  • Battered women seek medical attention for injuries sustained as a consequence of domestic violence significantly more often after separation than during cohabitation; about 75% of the visits to emergency rooms by battered women occur after separation (Stark and Flitcraft, 1988). About 75% of the calls to law enforcement for intervention and assistance in domestic violence occur after separation from batterers. One study revealed that half of the homicides of female spouses and partners were committed by men after separation from batterers (Barbara Hart, Remarks to the Task Force on Child Abuse and Neglect, April 1992) · Twenty years ago, the first battered women's shelter in the United States, Women's Advocates, was opened in St. Paul, Minnesota. This program is still in existence today. (NCADV VOICE Spring, 1994)
  • There are 1,500 shelters for battered women in the United States. There are 3,800 animal shelters (Schneider, 1990).
  • Each year, medical expenses from domestic violence total at least $3 to $5 billion. Businesses forfeit another $100 million in lost wages, sick leave, absenteeism and non-productivity. (Domestic Violence for Health Care Providers, 3rd Edition, Colorado Domestic Violence Coalition, 1991.) · It is estimated that 25% of workplace problems such as absenteeism, lower productivity, turnover and excessive use of medical benefits are due to family violence. (Employee Assistance Providers/MN) · Violence is the reason stated for divorce in 22% of middle-class marriages. (EAP Digest November/December 1991)
  • From 1983 to 1991, the number of domestic violence reports received increased by almost 117%. (NYS Division of Criminal Justice Services, 1983 and 1991)
  • According to a national survey of the health of women conducted for the Commonwealth Fund in 1992, an estimated 1.4 million women between the ages of 45 to 64 were physically abused by their spouses. (Mother's Report Call to Action Violence against Midlife and Older Women, May 1994)
  • From 1986 to 1988, elder abuse reports increased by almost 20% nationally. Research studies indicate that only 1 in 4 elder abuse incidents are reported, suggesting that 2 million incidents of elder abuse occurred in 1988. (National Aging Resource Center on Elder Abuse, 1990)Many of these statistics come from the National Clearinghouse for the Defense of Battered Women.125 S. 9th Street, Suite 302Philadelphia, PA 19107.

 

What does a 50-B Order Do?

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:

  1. Attempting to cause bodily injury, or intentionally causing bodily injury; or

  2. Placing the aggrieved party or a member of the aggrieved party's family or household in fear of imminent serious bodily injury; or

  3. Committing any act defined as rape or a sexual offense by North Carolina General Statute.

  4. The term "personal relationship" means a relationship wherein the parties involved:
    Are current or former spouses;

  5. Are persons of opposite sex who live together or have lived together;

  6. 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;

  7. Have a child in common;

  8. 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 A Domestic Violence Protective Order may:

Direct a party to refrain from acts of domestic violence.

    1. Grant one-person possession of the residence or household and exclude the other person from the residence or household.

    2. Award temporary custody of minor children and establish temporary visitation rights.

    3. Order the eviction of a party from the residence or household and assistance to a victim to return to it.

    4. Provide for possession of personal property of the parties.
      Order the defendant to stay away from your home, workplace, school, children's school or daycare, or any place you are seeking shelter.

Order a person to refrain from doing any or all of the following:

    • Threatening, abusing or following the other party,

    • Harassing the other party, including by telephone, visiting the home or workplace, or by other means, or

    • Otherwise interfering with the other party.

     

    How do I get a 50-B Order?

A Domestic Violence Protective Order (50-B) can be obtained without the assistance of an attorney.

If you or your children are in danger, you can ask for an emergency temporary order, or Ex Parte. The necessary paper work can be obtained through the Civil Clerk of Court Office or with a domestic violence advocacy agency such as Family Violence Rape Crisis located in Chatham County.  After filling out the necessary paper work, the order will be forwarded to a judge who will make a determination whether or not there is adequate basis for the order to be issued.  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 obtaining the order, it will be delivered to the Sheriff's Office for service. The more information that can be included on the order such as work information, phone numbers and current address is important since the defendant will not be bound by the terms of the order until it is lawfully served upon them. Once the defendant has been served with the order, you can be notified if you provide the sheriff’s office with the necessary contact information.

At the ten-day hearing, you and the defendant will both have an opportunity to plead your case. If you are not present for the court date, you are at risk of the protective order being dismissed.  The Chatham County Sheriff’s Office Domestic Violence Unit and Family Violence Rape Crisis of Chatham County can assist you with being present for your court date and further knowing what to expect from the court process.

For more information go to the State Website for Domestic Violence:

http://www.doa.state.nc.us/cfw/cfw.htm

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