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.

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.

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.

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.

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.