Domestic Violence Protective Order Violations

domestic violence

What is a “50B” Domestic Violence Protective Order?

Under North Carolina General Statute § 50B-1, domestic violence means the commission of:

  • (1) attempting to cause bodily injury, or intentionally causing bodily injury;
  • (2) placing the harmed party or a member of the harmed party’s family or house in fear of imminent serious bodily injury or continued harassment, as defined in N.C.G.S. § 14-277.3(A), that rises to a level as to inflict substantial emotional distress; or
  • (3) Committing any act defined in N.C.G.S. §§ 14-27.21 through 14-27.33

upon a harmed party or upon a minor child residing with or in the custody of the harmed party by a person with whom the harmed party has or has had a personal relationship. Allegations pertaining to a domestic violence protective order cannot be from acts of self-defense.

Harassment under N.C.G.S. § 14-277.3A(b)(2), is knowing conduct, including written or printed communication, telephone, cellular, or other wireless telephonic communications, facsimile transmission, pager messages or transmission, answering machine or voice mail messages or transmission, and electronic mail messages or other computerized or electronic transmissions directed at a specific person that torments, terrorizes, or terrifies that person and that serves no legitimate purpose.)

In order to file a proper 50B protective order, the parties involved must have or have had a personal relationship. Under North Carolina law, a personal relationship is defined as parties that:

  • (1) are current or former spouses;
  • (2) of opposite sex who live together or have lived together (applies to same sex couples as well); (3) are related as parents and children, including others acting in loco parentis (in place of parent) to a minor child, or as grandparents and grandchildren;
  • (4) have a child in common;
  • (5) are current and former household members (applies to roommates as well); or
  • (6) Are persons of the opposite or same sex who are in a dating relationship or have been in a dating relationship.

A dating relationship means wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship. A casual fling is not a dating relationship.

After an Order is Issued Against You:

If a 50B domestic violence protective order was granted against you and then you violate that specific order, you can automatically face a class A1 misdemeanor (the highest-class misdemeanor in North Carolina). This means that you can face substantial jail time if found guilty of the violation. On top of that, permanent 50B orders may require you to vacate your home, pay child support or spousal support, and potentially lose child custody or parental rights.

In order to be found guilty of such charge, the State must prove:

  • (1) A valid protective order was issued pursuant to North Carolina Law
  • (2) A defendant violated a specific term of that Order
  • (3) A defendant violated the order knowingly. Meaning the defendant knew what he/she was about to do and proceeded to do such act.

Navigating through this on your own can be difficult to maneuver, taxing on the personal life, and extremely time consuming. At Jetton and Meredith, whether you are defending against an order or filing an order, we have handled both situations and have helped hundreds of people obtain the justice they deserve. Call us now for a free consultation at 704.333.1114.