If someone is the victim of domestic violence, they can contact the police, who will most likely charge the accused person with a domestic violence crime. In addition, the victim could seek a domestic violence protective order (DVPO), which is also referred to as a restraining order, a 50B order, or a no-contact order. This is a civil remedy to prohibit an abuser from having any contact with the victim.
Although seeking a DVPO is a civil action, a violation of this order is not. If a person violates the terms of a restraining order, they could be convicted of a criminal offense and face serious criminal penalties.
A victim of domestic violence can file a petition to obtain a no-contact order if they have a personal relationship with the accused. Under North Carolina law, former or current spouses, domestic partners, and family members are considered to be in a personal relationship with each other.
If a judge grants a 50B order, they can include many provisions to protect the victim. Here are some protections in a DVPO that are commonly violated:
In some cases, an accused may be trying to abide by the terms of the restraining order, but they are contacted by the accused. It would still be a violation of the domestic violence protective order in this situation.
A first offense violation of a 50B order is a Class 1 misdemeanor that is punished by up to five months in jail. However, if this is a third or subsequent violation of a no-contact order, the person could be charged with a Class H felony and be sentenced to prison for up to 39 months. They could also be charged with a Class H felony and face up to 39 months in prison if they were using a deadly weapon when caught violating a restraining order.
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