How to Obtain
Any individual in Buncombe County seeking to obtain a 50-B, Domestic Violence Protective Order can either:
- appear at the Buncombe County Courthouse each weekday at 8 a.m.
- Outside of normal business hours an individual can go to the Buncombe County Magistrate’s Office, located in the lobby of the Detention Facility, which is open 24 hours a day.
Orders issued through the Magistrate's Office are good until the next time court is operating, which is usually the following morning at 8:30 a.m. unless it is a weekend, holiday, or the Buncombe County Courthouse is closed due to inclement weather.
Two Deputies from the Buncombe County Sheriff’s Office are assigned to the Family Justice Center and they serve the 50-B orders after they are issued by the court. Those Deputies typically work weekdays from 9 to 5.
We strive to serve these papers within 24-hours. When a 50-B is obtained through the Magistrate's Office at say 2 a.m., the Magistrate will contact 911 Communications who dispatch a Sheriff’s Office Deputy to attempt to serve the papers. This same process is also used when county offices are closed - on weekends, holidays, and during inclement weather.
About our Deputies
BCSO has deputies available 24/7/365 to assist with these needs. Every sworn Deputy at the Sheriff’s Office has the statutory ability to serve 50-B papers and we utilize them as needed. The Sheriff’s Office is dedicated in our efforts to serve papers regardless of the time of day or external factors that may make serving papers difficult.
The time it takes to serve a 50-B has many variables, including whether or not the person being served has left Buncombe County or does not have a permanent address. Ex-partes, after being issued by a judge, have ten days to be served. Again, we work hard to serve 50-Bs within 24-hours, and typically we are accountable to that timeframe, but as previously mentioned, there are many factors which impedes the service of the papers. Our Deputies work very hard in order to be known for our reliable and prompt service of Domestic Violence Protective Orders.
The Family Justice Center provides a national model of support and services for victims and plays an extremely valuable part of the Sheriff’s Office efforts to be responsive to the needs of victims of domestic violence in our community.