Domestic violence can create two urgent questions at once: How do I stay safe today, and what should I do in court next? In Albemarle and throughout Stanly County, North Carolina law offers a civil process for seeking a Domestic Violence Protective Order, often called a DVPO or a “50B order.” A criminal investigation may also occur, but the criminal case and the protective-order case are separate proceedings.

If you or a child faces immediate danger, call 911. Do not wait for a blog post, a scheduled consultation, or the next business day.

What qualifies as domestic violence under North Carolina law?

Chapter 50B applies only when the people involved have a qualifying personal relationship. Depending on the circumstances, that may include current or former spouses, people who live or have lived together, people who have a child together, certain family members, or people in a dating relationship.

The conduct may include intentionally causing or attempting bodily injury, placing someone in fear of imminent serious bodily injury, continued harassment that causes substantial emotional distress, or certain sexual offenses. Eligibility turns on the facts and the statutory relationship—not simply whether the conduct felt threatening or unfair. The full definitions appear in North Carolina General Statutes Chapter 50B.

For a statewide overview, see our guide to North Carolina domestic violence laws.

Emergency orders and the later hearing

A person seeking protection may ask the court for an emergency, or ex parte, order without the other party present. The judge decides whether the allegations show a danger of domestic violence and whether immediate relief is appropriate. If an ex parte order is entered, the court schedules a prompt return hearing at which both sides may present evidence.

The longer-term order is not automatic. The plaintiff must prove the required facts, and the defendant has the right to receive notice and be heard. Depending on the evidence, an order may address contact, residence, temporary custody, firearms, personal property, and law-enforcement assistance. The North Carolina Judicial Branch’s DVPO guide explains the filing process and available forms.

Evidence that can make the hearing clearer

Domestic violence cases often involve sharply different accounts. A careful, chronological record can help the court understand what happened. Useful evidence may include:

• text messages, emails, voicemails, call logs, or social-media messages;
• photographs of injuries or damaged property;
• medical records, 911 records, incident reports, or prior court orders;
• testimony from people who saw or heard relevant events;
• a concise timeline with dates, locations, witnesses, and exact words or actions; and
• evidence showing why a child or adult needs immediate protection.

Preserve original files when possible. Do not edit screenshots, add annotations to the only copy, access someone else’s account without permission, or violate an existing order to collect evidence.

How a DVPO can affect custody

Safety issues can overlap with child custody, but a protective-order hearing is not a substitute for a full custody case. A judge may enter temporary custody provisions when authorized, while a separate Chapter 50 custody action can address a durable parenting schedule and decision-making arrangement.

Parents should consider exchange locations, school and medical communication, third-party contact, firearms, substance use, and whether supervised contact is requested. Our articles on what North Carolina judges consider in custody cases and modifying a custody order provide additional context.

Where are Stanly County cases handled?

Stanly County court matters are handled at the Stanly County Courthouse, 201 South Second Street, Albemarle, North Carolina 28002. Court hours, contact information, closures, and directions can change, so confirm current details on the official Stanly County court page before traveling. Family Court Administration also publishes Stanly County family-court information.

Civil protection and criminal charges are different

A DVPO is civil. A related arrest or criminal charge is handled in a separate criminal case brought by the State. The cases may involve overlapping events, but they have different parties, procedures, burdens, and consequences. Statements, testimony, digital evidence, and consent orders in one matter may affect another, so coordinated legal advice can be important.

Local legal help in Albemarle and Stanly County

Adkins & Purkey, PLLC serves Locust, Albemarle, and communities throughout Stanly County. Learn more about the firm’s family-law and domestic-violence services or review its local guide to child custody and parenting plans in Stanly County.

About the author: Christopher Adkins is a North Carolina attorney and certified mediator whose work includes family-law, domestic-violence, custody, and dispute-resolution matters.

This article provides general North Carolina legal information, not legal advice. Reading it does not create an attorney-client relationship. Court procedures and individual facts vary; obtain advice about your specific situation.