Introduction
A restraining order, known in North Carolina as a Domestic Violence Protective Order (DVPO), is a powerful legal tool designed to protect individuals from abuse, harassment, or threats. If you are the subject of a DVPO, it is crucial to understand that violating any of its terms can result in serious criminal penalties, including arrest and jail time.
This blog explains what constitutes a violation of a DVPO, what legal consequences you could face, and what steps to take if you are accused of violating a restraining order in North Carolina.
What Is a Domestic Violence Protective Order (DVPO)?
A DVPO is a civil court order issued under North Carolina General Statute § 50B to protect victims of domestic violence. It can order the accused person (the respondent) to:
- Stay away from the protected person’s home, work, or school
- Cease all forms of contact, including phone, email, text, or social media
- Move out of a shared residence
- Surrender any firearms
- Attend court-ordered counseling or treatment
Even if the alleged victim reaches out first, you can still be arrested for responding to or engaging in any prohibited behavior under the order.
What Constitutes a Violation?
You can be charged with violating a DVPO if you:
- Contact the protected person directly or indirectly
- Show up at a location you are prohibited from visiting
- Fail to leave a shared residence as ordered
- Possess a firearm in violation of the court’s directive
- Disobey any specific instructions laid out in the order
North Carolina law takes even minor violations seriously, and ignorance of the order’s terms is not a valid defense.
More on this can be found at North Carolina Courts – Domestic Violence.
Criminal Penalties for Violating a Restraining Order
Violating a DVPO in North Carolina is generally considered a Class A1 misdemeanor, which is the most serious class of misdemeanor in the state. Penalties may include:
- Jail time up to 150 days
- Fines
- Probation
- Mandatory counseling
- Loss of firearm rights
If the violation includes a physical assault, or if it is a second or subsequent violation, you may face felony charges under certain circumstances.
Arrest Without a Warrant
North Carolina law allows for immediate arrest without a warrant if law enforcement has probable cause to believe a DVPO has been violated. This means you could be arrested on the spot, even for non-violent infractions like texting the protected party.
Once arrested, you will likely be held in custody until your first court appearance. A judge may modify your conditions of release or impose stricter terms depending on the violation.
Protective Orders and Firearms
Under federal and state law, individuals subject to a DVPO are typically prohibited from possessing firearms. Violating this condition can lead to separate federal charges, in addition to North Carolina state penalties.
If you are found in possession of a firearm after a court has ordered you to surrender it, you could be charged with a Class H felony and sentenced to additional prison time.
Can the Protected Person Waive the Order?
No. Even if the protected person contacts you or agrees to meet, the terms of the court order still stand until they are officially modified or dismissed by the court.
If you respond to their messages, visit them, or otherwise interact, you are still in violation and can be arrested. The only way to legally change or end a restraining order is by filing a formal request in court and getting judicial approval.
What to Do If You’re Accused of Violating a DVPO
If you’ve been accused of violating a restraining order:
- Do not contact the protected person.
- Do not attempt to explain your side to law enforcement without a lawyer.
- Contact a criminal defense attorney immediately.
- Gather any evidence that shows your side of the story, such as texts, call logs, or alibis.
- Appear in court as required and follow all conditions of release.
At Martine Law, we help clients defend against DVPO violation charges and work to minimize or eliminate the long-term impact of an arrest.
Possible Defense Strategies
Each case is unique, but common defenses include:
- Lack of intent: The contact was accidental or unavoidable
- Insufficient evidence: The accusation lacks proof or witnesses
- Ambiguous terms: The DVPO terms were unclear or not properly served
- No actual violation: You remained within legal boundaries
Your attorney will review all facts, communications, and timing to determine the best strategy for your case.
Long-Term Consequences of a Conviction
In addition to criminal penalties, violating a DVPO can:
- Affect child custody or visitation rights
- Damage your employment prospects
- Appear on background checks
- Result in longer or permanent protective orders
- Impact immigration status if you are not a U.S. citizen
If you are a parent or hold a professional license, the consequences can be especially damaging. That’s why it’s critical to act fast and get legal help.
Take Action Early
Waiting too long to respond to a DVPO violation accusation can limit your options. The earlier you consult with a defense attorney, the more opportunity you have to gather evidence and shape your defense.
Contact Martine Law today for a confidential consultation and get the guidance you need.
Final Thoughts
Violating a restraining order in North Carolina is not a minor issue. Whether the contact was intentional or accidental, the legal system treats every violation seriously. If you’ve been accused, it’s essential to understand your rights, avoid further contact, and take immediate legal action.
With the right defense, you can avoid the worst penalties and protect your future.