1. What is the Civil Domestic Violence Center?
  1. How do I contact the CIVIL DOMESTIC VIOLENCE CENTER, where is the Domestic Violence Center located and what hours are they open?
  1. What is a “50 B”?
  1. What is involved in filing for a domestic violence protective order?
  1. What are the requirements for an Order for Stalking or Non Consensual Sexual Conduct or what is known as a 50C?
  1. What do I need to bring to file a 50B or 50C?
  1. Where do I go to obtain a “50B” or a “50C”?
  1. What forms will I have to fill out and can I get them?
  1. Can I take a 50B out on someone under 18 years of age?
  1. Can I take a 50B out on someone if I am under 18 years of age?
  1. Where and when are Civil Domestic Violence cases heard?
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  1. The Civil Domestic Violence Center program is a collaborated effort among the various partners to create “one-stop” services for victims of domestic violence. The original funding from a 2005 grant helped establish the program and has been a successful endeavor for all of the partners. The staff is available from 8:00 a.m. to 5:00 p.m. to provide the necessary forms for individuals to file for a domestic violence restraining order and assist them in getting before the Court at the appropriate designated times.
  1. The Civil Domestic Violence Center can be reached by dialing 336-776-3255 and is located at 725 Highland Ave, Winston-Salem, NC Civil Domestic Violence Center hours are Monday through Friday, 8:00 a.m. till 5:00 p.m. except for holidays.
  1. A “50 B” actually refers to the North Carolina General Statute, Chapter 50B, that pertains to the laws that govern domestic violence and the issuance of protective orders.
  1. An individual filing for a domestic violence protective order must first prove to the court that there has been some type of “personal relationship”. The law defines a personal relationship between a victim and the aggressor as follows:

    • Current or former spouses;

    • Persons of the opposite sex who live together or have lived together;

    • Are related as parents and children or as grandparents and grandchildren;

    • Have a child in common;

    • A current or former household member;

    • Are persons of the opposite sex who are in a dating relationship or have been in a dating relationship. A dating relationship is one where the parties are romantically involved, not a casual acquaintance.

    Next you must show to the court that there has been a recent act of domestic violence committed. An act of domestic violence would be as follows:

    • Attempting to cause bodily injury, or intentionally causing bodily injury; or

    • Has placed the victim or member of the victim’s household in fear of imminent serious bodily injury (made a specific threat of bodily injury); or

    • Is in fear of continuous harassment that rises to such a level to inflict substantial distress; or

    • Has committed a sexual offense against the victim.

    The victim will come in and file a Complaint and a Motion for Domestic Violence Protective Order. These are preprinted forms provided by the State of North Carolina. When a complaint is filed the matter is taken before a District Court Judge to determine if the plaintiff (victim) has met the qualifications under the law and is in need of emergency protective relief.
    The Court at that time may sign an emergency protective order to be served on the other party and schedule a hearing within ten (10) days. In some cases an emergency protective order is not issued and the plaintiff (victim) may only get a hearing date to present their case for a one (1) year order of protection. At the scheduled hearing the Court then will hear from all parties and make a determination as to whether a protective order is needed for a (1) one year period.

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  1. A “50C” much like a “50B” refers to the North Carolina General Statute Chapter 50C pertaining to Civil No-Contact Orders. The victim of a 50C is a person whom an act of unlawful conduct has been committed by another person not involved in a personal relationship. Upon the court making a determination that the victim has suffered an unlawful conduct committed by the defendant, the Court can them issue temporary or permanent civil no-contact orders. An “unlawful conduct” as defined in that statute is a non-consensual sexual conduct or stalking. Stalking would be considered if a person 16 years or older follows you on one or more occasion or otherwise tormented, terrorized or terrified the plaintiff (victim) with the intent to place the plaintiff in reasonable fear of their safety or the safety of the plaintiff’s immediate family or close personal associates, or
    with the intent to cause and which did case the plaintiff to suffer substantial emotional distress by placing the plaintiff in fear or death, bodily injury or continue torment or terror.
  1. You must have the name and address of the defendant in order to file a “50B” or “50C”.
  1. To file for a complaint for a protective order, go to the Domestic Violence Center, at 725 Highland Ave, Winston-Salem, NC Operating hours are 8:00 a.m. to 5:00 p.m. Monday through Friday except holidays. However, to have the paperwork processed on the same day, the Complaint must be completed and sworn to no later than 10:30 a.m. or 2:30 p.m. The paperwork is rather lengthy so please allow enough time (2 hours) to complete your paperwork. We suggest you arrive no later than 8:30 a.m. or 12:30 p.m. to complete your paperwork. If your paperwork is not completed by 10:30 a.m. or 2:30 p.m. (no exceptions) you will be asked to bring it back the following day for processing.
  1. You should read, understand and follow the directions in; 1) “Victim Information Sheet” (see AOC-CV-323), and 2) the “Instructions for Domestic Violence Forms” (see form AOC-CV-303).
    The forms can be obtained from the Civil Domestic Violence Center on line from www.nccourts.gov, go to forms where you can download and print each of the following:

    • Victim Information Sheet AOC-CV-323

    • Instructions for Domestic Violence Forms AOC-CV-303

    • Forsyth County Sheriff’s Office – Domestic Violence Protective Order Information Sheet

    • Complaint and Motion for Domestic Violence Protective Order AOC-CV-303

    • Notice Of Hearing On Domestic Violence Protective Order AOC-CV-305

    • Ex Parte Domestic Violence Protective Order AOC-CV-304

    • Civil Summons Domestic Violence AOC-CV-317

    • Identifying Information About Defendant /Domestic Violence Actions AOC-CV-312

    • Affidavit As to the Status Of The Minor Child AOC-CV-609

    • Appoint Guardian Ad Litem AOC-CV-318, if you or the defendant is under the age of eighteen (18)
  1. If you wish to file a complaint against an individual under the age of 18, you must have the name and address of their parents or legal guardians so they can be legally served with the civil lawsuit.
  1. No, you must bring a parent or guardian to file on your behalf.
  1. Civil Domestic Violence hearings are scheduled in courtroom 3B, Monday through Friday. Parties need to report to courtroom 3C for calendar call at 9:00 a.m.

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