Violating a Domestic Violence Protective Order (DVO)—also known as a 50B Order—in North Carolina is a serious criminal offense with potentially severe consequences. The law is designed to prioritize the safety of victims, and courts do not take violations lightly.
#### 1. Immediate Arrest and Criminal Charges
Under N.C. Gen. Stat. § 50B-4.1, law enforcement is required to immediately arrest someone who violates a valid DVO. The violation does not need to occur in the officer’s presence—if there is probable cause, an arrest can be made.
Violations can include:
- Making prohibited contact with the protected person (calls, texts, emails, social media)
- Showing up at the protected person’s home, work, or school
- Committing any further acts of abuse, harassment, or threats
- Failing to surrender firearms as ordered
#### 2. Misdemeanor or Felony Charges
- First-time violation of a DVO is usually charged as a Class A1 misdemeanor, the most serious misdemeanor level in North Carolina, punishable by:
Up to 150 days in jail
- Probation
- Fines or other conditions like counseling or anger management
- Repeat violations or violations involving additional crimes (such as assault, stalking, or use of a weapon) can elevate the charge to a felony.
- If the violator possesses or uses a firearm while under a DVO, they may face federal charges under the Gun Control Act of 1968, which prohibits possession of firearms by individuals subject to a qualifying protective order.
#### 3. Contempt of Court
In addition to criminal penalties, the violator can be held in civil contempt, which may lead to:
- Fines
- Additional jail time
- Loss of custody or visitation rights
#### 4. Impact on Child Custody and Family Court
If the parties share children, violating a DVO can have a significant impact on custody or visitation rights. A judge may:
- Restrict or revoke visitation
- Order supervised visits
- Modify custody arrangements to protect the children’s safety
How King & Rowe, Attorneys at Law Can Help
Whether you are seeking to enforce a violated protective order or you have been accused of a DVO violation, it’s essential to act quickly. The legal team at King & Rowe, Attorneys at Law offers skilled, compassionate, and strategic representation in domestic violence matters across Hickory and Western North Carolina.
📞 Call 828-466-3858 for a confidential consultation or visit www.kingrowelaw.com.
