You must take the situation very seriously if you face accusations of violating a restraining order in North Carolina. Violating a restraining order is a criminal offense and can result in jail time and other severe penalties. Let’s look at what happens if you break a restraining order in North Carolina. We will also discuss the legal consequences of a conviction for this crime.
What is a Restraining Order in North Carolina?
The domestic violence protection order (DVPO), also commonly called a 50B or a restraining order, may include these protections:
- Giving the victim(s) possession of the household and combined personal property, including a pet or a minor child, while ordering your eviction from residence
- Requiring you to provide the victim (if spouse) and any children with suitable housing
- Ordering you to support a spouse or minor children (if required by law)
- Prohibiting you from purchasing a firearm for a specified amount of time
- Ordering sheriff to deliver protective order to school principals named in the order
- Ordering you to attend and complete an abuser treatment program (approved by the Domestic Violence Commission)
A protective order can also order you to refrain from doing any or all of the following:
- Contacting victim(s) directly or indirectly, including through third parties
- Threatening, abusing, or following victim(s)
- Harassing victim(s) by phone
- Harassing victim(s) by visiting your home or workplace or by other means
- Treating a household pet cruelly
- Interfering with a victim(s) in different ways (2)
Ex Parte Emergency Order
Another restraining order is called an ex parte or emergency order. With this order, the court gives protection to the victim(s) before giving you notice of the request for a restraining order.
An ex parte DVPO may require you to:
- Leave home
- Stay away from your own children
- Give up possession of a motor vehicle
- Surrender any firearms, ammunition, and gun permits to the sheriff
What are the Consequences of Violating a Protective Order in North Carolina?
Law enforcement can arrest you on the spot if you violate a DVPO or ex parte order. Your charges may depend on which part of the restraining order you violated.
For example, if you knowingly violate a valid protective order without committing another crime, you are guilty of a Class A1 misdemeanor and can spend up to 150 days in prison. However, let’s say you have convictions for two previous misdemeanor offenses. If you receive a conviction for a third DVPO violation misdemeanor, you are guilty of a Class H felony with penalties including up to 39 months in prison. G.S. 50B-4.1(f)
You’re guilty of a Class H felony if you (attempt to) possess, purchase, or receive a:
- Firearm
- Machine gun
- Ammunition
- Permits to purchase or carry concealed firearms (G.S. 14-269.8)
If you knowingly violate a restraining order by failing to stay away from a place, or a person, while possessing a deadly weapon, you can face Class H felony charges. G.S. 50B-4.1(g)
If the person who filed a restraining order lives at a safe house for victims of domestic violence, you can face Class H felony charges for stepping foot on the property. It doesn’t even matter if the person who filed the DVPO is on the property at the time or not. G.S. 50B-4.1(g1)
A Class H felony can bring you up to 39 months in prison, along with court fees, probation, and attorney fees.
Higher Class Conviction Penalties
Penalties for breaking the law, in addition to violating a DVPO, can become harsh. If you commit a felony prohibited by a valid protective order, you will face charges for one class higher than the felony you committed. G.S. 50B-4.1(d)
For example, suppose you face conviction for attempted second-degree kidnapping in violation of a valid DVPO. In that case, the punishment for the attempted kidnapping goes from a Class F felony to a Class D felony. (1)
As you can see, violating a restraining order is a serious offense with severe consequences. If you are facing charges of violating a restraining order, it is essential to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and your legal options.
What Are My Rights if I Face Charges of Violating a Restraining Order in North Carolina?
If law enforcement accuses you of violating a restraining order in North Carolina, you have the right to an attorney. You should contact an experienced criminal defense attorney as soon as possible. An attorney can help you understand what defenses may be available to you.
You can only defend yourself against these serious allegations with experienced domestic violence attorneys by your side.
The possible outcomes of the case if a court finds you guilty of violating a restraining order in North Carolina can be dire, so you need an attorney who will fight for your rights and give you your best chance at a favorable outcome.
What Defenses Can I Use In a Courtroom for Violating a DVPO in North Carolina?
There are a few defenses your lawyer could use on your behalf, such as:
- No one gave you notice of the order, or you did not receive it
- You did not violate the order knowingly
- The order expired, and the victim(s) did not renew the order
- The victim(s) falsely accused you
It is important to remember that you should never try to defend yourself against these charges without an attorney. The consequences of violating a restraining order in North Carolina are serious, and you need an experienced domestic violence attorney by your side to help you through this difficult time.
We Can Help
If you face accusations of violating a restraining order, do not try to defend yourself without a knowledgeable attorney. Contact us at Cape Fear Law today for a free consultation. Our experienced domestic violence attorneys can help you understand your rights and what you can do to protect yourself. Get in touch today and find out how we can help you through this challenging time!