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Violation of a Domestic Violence Protective Order

Violation of a Domestic Violence Protective Order


Violation of a domestic violence protective order includes four separate crimes, each with its own punishment. These crimes include: misdemeanor violation of a domestic violence protective order, repeat violation of a domestic violence protective order, violation of a domestic violence protective order with a deadly weapon, and entering a domestic violence safe house or haven.

Misdemeanor violation of a domestic violence protective order under North Carolina General Statute 50B-4.1(a) occurs when a person (1) knowingly (2) violates a valid protective order entered pursuant to Chapter 50B or the General statutes, a court of another state, or a court of an Indian tribe. Punishment for misdemeanor violation of a domestic violence protective order is a class A1 misdemeanor with a maximum punishment under the law of 150 days incarceration and a discretionary fine not limited by the statute.

Repeat violation of a domestic violence protective order under North Carolina General Statute 50B-4.1(f) occurs when a person (1) knowingly (2) violates a valid protective order entered pursuant to Chapter 50B or the General statutes, a court of another state, or a court of an Indian tribe and (3) has previously been convicted of two offenses under Chapter 50B. Punishment for repeat violation of a domestic violence protective order is a class H felony with a maximum punishment under the law of 39 month incarceration.

Violation of a domestic violence protective order with a deadly weapon under North Carolina General Statute 50B-4.1(g) occurs when a person (1) knowingly (2) violates a valid protective order entered pursuant to Chapter 50B or the General statutes, a court of another state, or a court of an Indian tribe (3) by failing to stay away from a place or a person, as directed by the order, (4) while in possession of a deadly weapon. Punishment for violation of a domestic violence protective order with a deadly weapon is a class H felony with a maximum punishment under the law of 39 month incarceration.

Entering a domestic violence safe house or haven under North Carolina General Statute 50B-4.1(g1) occurs when a person (1) is subject to a valid protective order entered pursuant to Chapter 50B or the General statutes, a court of another state, or a court of an Indian tribe and (2) enters property operated as a safe house or haven for victims of domestic violence (3) where a person protected under he order is residing. Punishment for entering a domestic violence safe house or haven is a class H felony with a maximum punishment under the law of 39 month incarceration.

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Practice Areas
Contact Information

Fayetteville Office:

Cumberland County
230 Green Street
Fayetteville NC 28301
P: (910) 323-4600
F: (910) 323-3403

Raeford Office:

Hoke County
127 W. Edinborough Ave.
Raeford NC 28376
P: (910) 875-3379
F: (910) 875-4030