Protective Orders vs Criminal Charges in North Carolina: Understanding The Process

By Blair E. Cody III

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Criminal Defense

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Last Modified on Jan 08, 2026

Receiving notice that a protective order is being sought against you can be confusing. If you are also facing pending criminal charges, you may feel overwhelmed about the difference between the two. When facing legal troubles, it is beneficial to know the difference between protective orders vs criminal charges in North Carolina.

Criminal Charges and Protective Orders in North Carolina

Criminal charges can be brought against someone by the state when there is evidence that a law has been broken. Serious offenses that could be punishable with imprisonment are considered felonies, while less serious offenses are classified as misdemeanors.

During fiscal year 2025, the North Carolina Judicial Branch recorded 1,503,273 criminal cases filed in district and superior courts. During the same time, 1,830,303 criminal cases were disposed of, and an additional 839,077 criminal cases were pending.

By contrast, a protective order, also known as a 50B order, is a civil relief order commonly issued during domestic violence cases designed to prevent further acts of violence. There are numerous conditions that can be set by a judge in a protective order.

The North Carolina Judicial Branch records civil issues filed throughout the state. For fiscal year 2025, there were a total of 20,378 protection orders filed in North Carolina. There were also 148 protective order modifications requested.

The Protective Order Process

You cannot be surprised by a protective order. There are steps that must be followed before a protective order can be issued. When a protective order case is filed, a temporary Ex Parte Order may be granted, but a formal hearing is required for a more permanent order. The steps include:

• A sheriff, or other party, must serve a notice of the court hearing. The case cannot continue until an attempt has been made to properly serve the person named on the protective order. Avoiding being served does not prevent the hearing.
• At the hearing, you have the right to be represented by a criminal defense attorney. If the plaintiff does not appear in court, the case is dismissed. If the defendant does not appear in court, the judge can still hear and decide on the case.
• When both the plaintiff and defendant are in court, the defendant can either agree with the order or contest the order. Agreeing with the order means the order is issued by the judge. Contesting the order results in a hearing where evidence can be presented.

How Criminal Charges Are Related to Protective Orders

Protective orders are most often issued following accusations of domestic violence. A protective order can only be issued when there is evidence that physical harm or emotional distress has occurred or there is a threat of serious bodily harm.

A domestic violence protective order is issued in instances where the alleged victim and perpetrator have a specific type of relationship. Relationships include:

• Spouse
• Ex-spouse
• Live in the same household
• Previously lived in the same household
• Have a child together
• Current or past dating relationship
• Are related by blood or marriage

The protective order hearing is conducted in civil court, which means criminal sanctions are not possible, but criminal charges can be brought against the same actions that initiated the civil court process. This does not violate the double jeopardy protection when a civil case is found in favor of the plaintiff. That finding could be used as evidence in a later criminal case.

Hire a Criminal Defense Lawyer

Facing a protective order or accusations of criminal charges requires strong legal counsel. You don’t have to face these difficulties alone. Hire a criminal defense lawyer to ensure your rights are being upheld and your interests are protected. At The Cody Law Firm, PLLC, we handle every case with compassion, integrity, and diligence.

FAQs

Is a Protective Order the Same as Pressing Charges in North Carolina?

Filing for a protective order is not the same as pressing charges in North Carolina. A protective order, or a 50B order, is requested by the alleged victim through a civil process. The standard is a preponderance of the evidence. Pressing charges refers to criminal charges brought by the state against a defendant. Criminal charges can be for felony or misdemeanor offenses. The matter is handled in criminal court. There is a higher standard of beyond a reasonable doubt.

What Are the Three Types of Restraining Orders in North Carolina?

There are three basic types of restraining orders in North Carolina, depending on the type of relationship the alleged victim has with the accused. If a domestic relationship exists, you can file for a domestic violence protective order. A civil no-contact order can be requested by an alleged victim against the accused for stalking or nonconsensual sexual conduct when there is no prior relationship. For issues between coworkers, a workplace violence no-contact order can be requested.

What Are the Elements of Abuse of Process in North Carolina?

Two elements must be demonstrated to prove abuse of process in North Carolina. Abuse of process describes the use of a legal process to harass, coerce, or gain an unfair advantage against another person. When claiming abuse of process, the plaintiff must demonstrate two elements. The plaintiff must demonstrate that the legal process was used with an ulterior motive and that the process was used improperly. Either element alone is not sufficient to prove abuse of process.

What Happens If a Protective Order is Violated in North Carolina?

Violating a protective order in North Carolina is a serious offense, even if the violation is not considered a criminal matter. If there is evidence that a protective order has been violated, the person in violation can be arrested and held in contempt. If a felony or misdemeanor is committed while also violating a protective order, the offender can be charged with a more serious version of that criminal offense.

Contact The Cody Law Firm, PLLC

Facing legal challenges can be difficult and stressful. Regardless of the circumstances, when you’ve been accused of a criminal charge, you need an experienced criminal defense lawyer. Likewise, if you’ve received a notice of a protective order, you need a protective order attorney who can fight for your interests. Contact The Cody Law Firm, PLLC, today to schedule your initial consultation.

North Carolina Criminal Defense Law Resources:

• Domestic Violence Charges in North Carolina – All You Need to Know 2026
• How Much Does a Criminal Defense Lawyer Cost in North Carolina?