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A Domestic Violence Protection Order (DVPO) is issued when a judge determines that domestic violence has occurred and grants legal protection to the victim. Often referred to as a restraining order, a DVPO is designed to prevent further harm and establish clear legal boundaries between the parties involved.
In North Carolina, judges have discretion to include specific restrictions within a DVPO to protect the victim. These provisions may require the defendant to avoid contact with the victim, stay away from certain locations, or refrain from harassment, threats, or other harmful behavior. Because every situation is different, the exact terms of a protection order can vary based on the circumstances of the case.
The primary goal of the court when issuing a DVPO is protecting the safety and well-being of the victim. Domestic violence situations can escalate over time, and protection orders are intended to reduce the risk of further harm.
This article explains what constitutes a violation of a Domestic Violence Protection Order in North Carolina, the potential criminal penalties, and what individuals should know if they are involved in a DVPO case.
What Is a DVPO Violation in North Carolina?
Violations of Domestic Violence Protection Orders are governed by North Carolina General Statute §50B-4.1, while the available protective relief is outlined in §50B-3.
Both the plaintiff (the protected party) and the defendant must carefully review the terms of the protection order. Any violation of the conditions listed in the order may lead to criminal charges.
Examples of DVPO violations may include:
Contacting the protected person directly or indirectly
Going to prohibited locations such as a home, workplace, or school
Harassing, threatening, or intimidating the protected party
Failing to comply with other court-ordered restrictions
If law enforcement determines that a violation has occurred, the alleged violator may be arrested immediately and taken into custody.
Criminal Penalties for Violating a DVPO
Under North Carolina law, violating a Domestic Violence Protection Order is typically charged as a Class A1 misdemeanor, which is the most serious level of misdemeanor offense in the state.
However, certain circumstances can elevate the charge to a felony offense.
Class A1 Misdemeanor
Most DVPO violations are charged as a Class A1 misdemeanor. Convictions may result in:
Jail time
Probation
Court fines and fees
Additional court-ordered restrictions
Class H Felony
A DVPO violation may be charged as a Class H felony if:
The individual possesses a deadly weapon while violating the order, or
The person has two prior convictions for DVPO violations under Chapter 50B
A Class H felony conviction in North Carolina may carry a maximum sentence of up to 39 months in prison, depending on the individual’s criminal history.
Legal Help for DVPO Cases in Charlotte, North Carolina
Domestic violence protection order cases can be complex and emotionally difficult for everyone involved. Whether you are:
Seeking protection from domestic violence, or
Defending yourself against allegations of violating a protection order,
it is important to understand your rights and legal options.
At Jetton & Meredith Law, our attorneys have extensive experience handling domestic violence and DVPO matters in Charlotte and throughout Mecklenburg County and surrounding communities. We approach every case with professionalism, compassion, and a commitment to protecting our clients’ interests.
If you need legal guidance regarding a Domestic Violence Protection Order or alleged DVPO violation in North Carolina, our team is here to help.
Call Jetton & Meredith today at 704-333-1114 to schedule a consultation.
We proudly serve clients throughout Mecklenburg, Cabarrus, Union, Iredell, and Gaston counties and the greater Charlotte area.