Violating a Domestic Violence Protective Order in Dare County, North Carolina

Domestic violence is a critical issue that affects families and communities across North Carolina, including the picturesque Dare County. A Domestic Violence Protective Order (DVPO) serves as a legal safeguard, designed to protect individuals from harm.

However, situations may arise where a DVPO is allegedly violated, leading to serious criminal charges. Understanding the implications of violating a 50B Order, the process involved, and the steps to take if accused is essential for anyone navigating these turbulent waters.

A Domestic Violence Protective Order, commonly referred to as a DVPO or 50B Order in North Carolina, is a legal order issued by a court to protect individuals from harm or harassment by a family member, partner, or someone with whom they have had a dating relationship or share a child in common.

What You Need To Know About NCGS Chapter 50B

In North Carolina, DVPOs are tailored to address various forms of domestic violence, including physical harm, threats, and emotional abuse.

In Dare County, as in the rest of the state, DVPOs can be temporary or extended a year or more, depending on the circumstances and evidence presented.

A domestic violence protection order is a type of restraining order. They may also be referred to as a “50B Order,” referencing the North Carolina law N.C.G.S. Chapter 50B.

50B Orders in NC may include provisions that prohibit the alleged abuser from contacting or coming near the protected person, their residence, workplace, and other specified locations.

It may also address issues such as temporary child custody, financial support, and possession of firearms, homes, and the parties’ residence. Violating any of the terms set by the court can have serious legal consequences, which includes the possibility of jail time and probation.

Violating a domestic violence protection order is a serious matter in North Carolina. It is a distinct criminal charge.

The law takes any breach of restraining orders very seriously, viewing it as a violation of a court order and a potential threat to the safety and well-being of the protected individual.

While the specific consequences can vary based on the nature of the violation and any previous history of domestic violence, they generally include criminal charges and could lead to arrest.

Discussing specific sentencing or prison terms is beyond the scope of this article, and individuals facing such accusations should seek legal advice immediately

The consequences of violating a DVPO can be severe.

They may include criminal charges, fines, probation, mandatory counseling or therapy, and even incarceration.

The severity of the penalties depends on factors such as the nature and extent of the violation, any previous convictions, and the judge's discretion. It's important to note that even a first-time offense can carry significant consequences.

If you find yourself accused of violating a DVPO in Dare County, it's important to take immediate steps to protect your best interests:

1. Do not contact the accuser. Any attempt to communicate could deemed yet another violation of the DVPO, resulting in additional criminal charges for each violation. This includes in-person contact, phone calls, text messages, emails, or social media interactions.
2. Consult with an experienced attorney. Seeking legal counsel is a good idea when navigating the complex legal landscape surrounding DVPO violations in NC. An attorney with experience in domestic violence protection orders in Dare County can provide guidance tailored to your specific situation and help protect your rights.

Your attorney will review the details of your case, analyze the evidence against you, and develop a defense strategy tailored to the unique aspects of your case.

A criminal defense attorney may conduct an independent investigation, interview witnesses, and challenge the validity of the DVPO or the allegations made against you. Having an attorney by your side can significantly increase your chances of a favorable outcome.

The process for handling DVPO violations in Dare County and the Outer Banks (OBX) involves several steps, starting with filing a criminal complaint by the individual protected under the DVPO.

Law enforcement may thereafter investigate the complaint, which can lead to the accused being arrested and charged if there's sufficient evidence of a violation.

It’s important to note a Warrant for Arrest may be issued without a formal investigation by OBX police. The Plaintiff may seek criminal charges by going to the Magistrate’s Office and requesting criminal charges based on testimony provided to a Magistrate Judge.

If a warrant or criminal summons is deemed appropriate by the magistrate judge, the case would then proceed through the court system, where both sides would have the opportunity to present their evidence and arguments.

The procedural aspects of DVPO violations may vary slightly depending on the specific jurisdiction in North Carolina.

Police may take witness statements, review any available surveillance footage, or analyze communication records.

If there is enough evidence to support the accusation, law enforcement may also arrest the defendant for violating the DVPO and thereafter take the accused before a magistrate judge to set bond and determine conditions of release.

The prosecution and the defense will have the opportunity to present their evidence, call witnesses, and argue their case. The judge will carefully consider the evidence presented and make a determination based on the case's law and facts.

Protecting your rights following an accusation of violating a DVPO can be critical.

• You have the right to legal representation. Having an attorney who understands the nuances of DVPO cases in Dare County and the Outer Banks OBX is a good idea. Defense lawyers help ensure that your rights are protected throughout the legal process.
• You have the right to present your side of the story. Collecting evidence and witness testimonies that support your case can prove crucial. Your attorney will help you build a defense strategy and present your arguments in court. The defendant in a criminal case is not required to present evidence or prove their innocence. The State of North Carolina has the Burden of Proof and Burden of Production.

Being accused of violating a DVPO does not automatically mean you are guilty.

The burden of proof lies with the prosecution, and it is their responsibility to present evidence that proves beyond a reasonable doubt that you violated the terms of the order.