Short Answer

In North Carolina, a protective order (50B or 50C) can run at the same time as a partition case before the Clerk of Superior Court. If an ex parte order issues, follow it strictly and prepare for a quick hearing (often in about 10 days) to contest it or seek tailored carve-outs for court, property access, and work. Use counsel or a neutral intermediary for all communications, and ask both the District Court (protective order) and the Clerk (partition) to structure schedules and orders that avoid direct contact.

Understanding the Problem

You’re a North Carolina co-owner in a partition proceeding before the Clerk of Superior Court, and your former partner has threatened a protective order claiming harassment. You want to keep the partition case moving (sale and carrying costs) while avoiding conduct that could jeopardize your job, especially since you still attend the same workplace meetings.

Apply the Law

North Carolina protective orders come in two tracks: domestic violence protective orders (DVPOs) under Chapter 50B for people in a qualifying “personal relationship,” and civil no-contact orders under Chapter 50C for stalking or nonconsensual contact outside such relationships. DVPOs can be issued ex parte, with a prompt full hearing. The partition is a separate special proceeding before the Clerk of Superior Court; it continues, but the parties must comply with any no-contact terms. The Clerk can control scheduling and may order mediation to reduce contact. Respondents should seek tailored provisions allowing limited, indirect communications through counsel or agents for court hearings, real estate access, and workplace needs.

Key Requirements

• Identify the order type: Confirm whether the petition is a 50B DVPO (prior dating, cohabitation, or similar) or a 50C civil no-contact order (no qualifying relationship).
• Follow ex parte orders strictly: If an ex parte order issues, obey it to the letter and prepare for the quick follow-up hearing where you can contest or tailor the order.
• Use indirect channels: Communicate about partition tasks only through counsel, a court-appointed mediator, or agreed third parties; avoid direct contact.
• Seek carve-outs: Ask the District Court to include narrow exceptions for court appearances, law-enforcement escorted property retrieval, real estate showings/inspections coordinated by agents, and necessary workplace attendance.
• Coordinate with the Clerk: Request staggered times, virtual attendance when available, or mediation to minimize contact and keep the partition on track.

What the Statutes Say

• North Carolina Gen. Stat. § 50B-1 (DVPO definitions) – Defines “domestic violence” and qualifying personal relationships.
• North Carolina Gen. Stat. § 50B-2 (DVPO procedures) – Allows ex parte relief and provides for a prompt full hearing.
• North Carolina Gen. Stat. § 50B-3 (DVPO relief) – Authorizes no-contact, stay-away provisions, residence access, and tailored terms.
• North Carolina Gen. Stat. § 50C-5 (50C hearings and temporary orders) – Governs temporary and permanent civil no-contact orders when no qualifying relationship exists.

Analysis

Apply the Rule to the Facts: You and your former partner likely qualify for a 50B DVPO due to a prior dating relationship. If an ex parte order issues, you must comply, then use the prompt hearing to present messages, emails, calendar records, and witness testimony showing your contacts were partition-related and routed through counsel or agents. Ask the District Court to tailor the order to permit court appearances, agent-coordinated showings/inspections, and attendance at shared workplace meetings without direct contact.

Process & Timing

1. Who files: You (as the respondent) do not file the initial DVPO; you prepare for the District Court hearing to contest or tailor it. Where: District Court for the protective order; Clerk of Superior Court (special proceeding) for partition in the county where the property sits. What: For partition, respond to the Special Proceedings Summons (AOC-SP-100) and coordinate through counsel; for the protective order, bring evidence and propose tailored provisions. When: DVPO ex parte orders are followed by a prompt full hearing (often about 10 days). In partition, a respondent typically has a short window to answer after service; timing can vary by county.
2. Ask the District Court to include carve-outs for: court dates, civil stand-by for property retrieval, and indirect communications via attorneys/agents for showings, inspections, and closing tasks. Simultaneously, ask the Clerk to order mediation or set staggered attendance to avoid contact.
3. With tailored terms in place, the partition proceeds: commissioner appointment, valuation, and sale steps can be coordinated through counsel and licensed agents to prevent contact. Expect written orders from both courts reflecting these arrangements.

Exceptions & Pitfalls

• Violations are serious: DVPO violations can result in arrest; 50C violations can be enforced by contempt and may lead to criminal charges if the conduct is illegal.
• Avoid indirect contact traps: Messages relayed through friends, social media tags, or workplace chatter can be treated as contact—keep everything strictly through counsel or agreed intermediaries.
• Property retrieval risks: Do not enter the residence or approach your co-owner without a clear court order or law-enforcement civil stand-by.
• Workplace logistics: Ask for specific distance/seating terms that allow you to attend required meetings without contact; propose virtual appearances where feasible.
• Cross-court alignment: If orders appear to conflict, promptly ask the issuing court to clarify or modify to align with partition schedules and access needs.

Talk to a Partition Action Attorney

If you’re dealing with a threatened protective order while your co-owned property is in partition, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.