Restraining orders in North Carolina, known as Domestic Violence Protective Orders (DVPOs) or 50B Orders, can significantly affect a person’s life — from losing access to their home or children to restrictions on owning firearms. If you’ve been served with a restraining order you believe is unjust, you may be wondering: Can a restraining order be appealed in North Carolina?
The answer is yes. You have the right to appeal a DVPO, but the process is time-sensitive and must follow specific procedures. This article explains how the appeal process works, what deadlines to watch, and what to expect if you challenge a restraining order in court.
What Is a 50B Order?
A 50B Order is a type of civil restraining order issued by a North Carolina court to protect someone from domestic violence. It can be requested by a spouse, former partner, roommate, or anyone in a domestic relationship who alleges abuse.
A judge can issue a temporary order (ex parte) immediately, followed by a full hearing within 10 days to determine whether a final one-year order should be granted.
When Can You Appeal a Restraining Order?
You can appeal a final DVPO after the court has issued it following the full hearing. If the judge decides to grant the protective order, and you believe that decision was made in error or without proper legal basis, you have the right to appeal.
You cannot appeal an ex parte temporary order, but you can present your defense at the scheduled full hearing.
How to Appeal a 50B Order in North Carolina
Step 1: File a Notice of Appeal
You must file a Notice of Appeal with the court within 10 days after the judge enters the DVPO. This notice tells the court that you are challenging the order and requesting a review by a higher court.
If you miss this deadline, you may lose your right to appeal.
Step 2: Prepare for District Court Review
In many cases, the first level of appeal involves a de novo hearing in District Court. This means the case is reviewed from scratch rather than simply reviewing the judge’s prior decision for legal errors.
Both sides can present new evidence and testimony, and the judge will issue a new ruling.
Step 3: Appeal to the NC Court of Appeals (If Needed)
If the District Court affirms the DVPO and you still believe the decision is unjust, you may appeal further to the North Carolina Court of Appeals. This appeal is more technical and requires a transcript of the hearing and a written legal brief arguing why the judge made a legal error.
Because of the complexity, it’s strongly recommended to hire an attorney experienced in appellate law.
What Happens if the Appeal Is Successful?
If your appeal is granted:
- The restraining order may be modified, shortened, or dismissed entirely.
- Any restrictions — such as no-contact provisions or loss of firearm rights — may be lifted.
- The order will no longer appear in court records as active.
However, if the appeal is denied, the original restraining order remains in full effect for its duration (typically one year, with possible extensions).
Can You Be Removed From a 50B Order Before the Appeal?
You may also petition the court for a modification or early termination of the restraining order even without a full appeal. If circumstances have changed — for example, if both parties have reconciled or the threat is no longer present — the court has the discretion to revise or cancel the order.
This can be a useful option if the appeal deadline has passed or if both parties wish to resolve the matter outside of court.
Why It’s Important to Act Quickly
Restraining orders, even civil ones, can have long-term effects, including:
- Restrictions on child custody and visitation
- Limits on firearm ownership
- Damage to reputation
- Impact on employment, especially in education, healthcare, or law enforcement
Because of these consequences, it’s critical to take fast and strategic action if you believe the order was unfair or unnecessary.
Common Grounds for Appeal
While every case is unique, common reasons for appealing a restraining order in North Carolina include:
- Lack of evidence: The court issued the order without sufficient proof of abuse or threat.
- Procedural errors: The judge made a legal mistake during the hearing or failed to follow proper process.
- Bias or unfair treatment: The court was not impartial or improperly excluded key evidence or testimony.
- False allegations: The protective order was based on misleading or fabricated claims.
Do You Need an Attorney to Appeal?
While you’re not legally required to have a lawyer, the appeals process is complicated, especially when moving to the North Carolina Court of Appeals. Having a legal professional ensures your case is handled with proper legal documentation, deadlines, and persuasive arguments.
If you’ve been unfairly served with a DVPO, the legal team at Martine Law can help you understand your rights, file your appeal correctly, and protect your future.
Contact us today to schedule a confidential consultation.