In North Carolina, restraining orders are referred to as protective orders and are usually associated with incidents of domestic violence or harassment and stalking. Cases surrounding protection orders are rarely easy to deal with. They are emotionally charged due to the relationship between the parties involved. You may have the best intentions, but those intentions will be blurred by the complex history that led to the protective order in the first place.
If you are being accused of violating a protective order, you can feel that no one is on your side, or willing to listen to you. The system is not exactly fair to the accused. You can be charged with a crime, even if you didn’t know there was an order against you. You can be arrested and charged for accidental contact, or even if the other person initiates contact with you.
We’ve handled cases of domestic violence protective order violations and stalking protective order violations. Our job is to represent and protect you and only you. We know what happens to these cases in court, so our defense attorneys will be prepared to challenge the court to prove every element of the charges against you.
Please contact us for a free consultation for advice on what you can expect after a violation of a protective order charge or arrest, and how we can defend you.
What is a Protection Order Under North Carolina Law?
Protective orders are orders of the court setting forth certain restrictions between people. You should have received notice of the protective order either in court or delivered to your home. The other party and the police will also have copies.
Protection orders can do a number of things:
If you violate any term of the protection order you can be immediately arrested without a warrant.
Penalties for Violation of a Protective Order in NC
Generally speaking, if no other crime takes place in the commission of the act that violates the protective order, this offense is a Class A1 misdemeanor punishable by up to 12 months in jail.
If, however, another crime is committed when you violate the protective order, its punishment will be elevated due to the violation. For instance, if you violate a protective order to commit an assault that is normally considered a Class H felony, you will be charged with a Class G felony, potentially doubling your possible prison sentence.
Ref: NCGS 50B-4.1
A common misconception is that if you are innocent of the original charge that warranted the protective order, you do not have to abide by its terms. This couldn’t be further from the truth.
If the court enters a protective order, even a temporary one issued prior to trial, you must abide by its terms regardless of your guilt or innocence.
Free Consultation on a Restraining/Protective Order Violation Charge in North Carolina
If you are accused of a violation of a protection/protective order, our North Carolina criminal defense lawyers will make sure your interests are represented. We want to help you get the best possible results when you go to court, and we will fight to make it happen.
Call us for a consultation on your North Carolina protective order violation today. Find out what we can do to help you, with no obligation.