Domestic violence protective order (DVPO) violations are a Class A1 misdemeanor in North Carolina. A Class A1 misdemeanor can carry up to 150 days in jail if the accused is convicted. However, there are ways to mitigate a sentence and possibly avoid active jail time completely.
A DVPO, also known as a 50B, is a no-contact order entered in civil court. A person cannot have a DVPO permanently entered against them (meaning for one year or more) without that person’s knowledge. DVPOs are entered either by consent without findings of fact and conclusions of law, or via hearing, where both parties have a chance to make their arguments and present evidence.
If the court enters a restraining order against you, the judge will advise you of what you are and are not allowed to do, and what the criminal consequences of violating an order are. If you violate the order, you will likely be arrested and held for up to 72 hours in jail while waiting for a first appearance in front of a judge.
An arrest does not mean you will be convicted. An experienced Raleigh criminal defense attorney will know how to properly investigate the accusation and advise you of all possible defenses. You might even qualify for a deferral program where you take a series of anger management or abuser treatment classes to have the charge dismissed and possibly expunged.
If the Wake County Court enters a DVPO against you, please read the order carefully so you know what the terms are. An order could include not contacting the plaintiff or the plaintiff’s children, not going to the plaintiff’s workplace or home, or even paying child support payments until a child support order is entered in family court.
Do you have an upcoming court date in Wake County for a 50B violation? Contact Granados Law Group, PLLC at (919) 650-2851 for a free consultation on your charge.