What Happens If a Domestic Violence Protective Order (DVO) Is Violated in North Carolina?

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.