Under North Carolina law, protective orders, also referred to as 50B’s and restraining orders, are granted by a judge to prevent one spouse or domestic partner from causing harm to the other. Accusations that the “victim” must make in order to obtain a protective order can include the following:
- Attempts to cause bodily harm;
- Causing bodily harm;
- Causing a family member to fear bodily harm
The purpose of a protective order is to prevent one party from being able to contact the other. The order is not reciprocal and does not necessarily stop the alleged victim from being allowed to contact the Defendant. Once a protective order is in place, the person accused sometimes fails to realize that they can violate the order by responding to the party who originally asked for the protective order. This is true even if the accused is not the one to initiate contact.
Criminal charges arising from violation of protective orders often involve parties who are disgruntled and angry. All too often, the party originally seeking the protective order acts in a calculated manner to trick the other into a criminal charge by initiating contact and asking the Defendant to respond to them. Even if the alleged victim contacts you, if there is a protective order in place against you, it is still against the law to respond.
In some circumstances a disgruntled spouse or partner seeks the protective order, not out of any real fear or threat of harm but, instead, to hurt the other party. The disgruntled spouse or partner may be attempting to gain some advantage in a domestic matter, such as divorce or custody case. An experienced attorney is able to attack the protective order and show the Court that the allegations made in the complaint to obtain the order are false.
If you have been charged with violating a protective order it is important that you seek the assistance of an experienced attorney. Our team of criminal defense attorneys has extensive expenses in defending against violations of protective orders. Violations of domestic violence protective orders have serious long lasting implications. Our firm has over 40 years of experience. Our team of criminal defense attorneys with decades of experience in defending charges arising out of alleged violations of protective orders in and around Wake and Carteret County. Call us today for a free consultation with one of our criminal defense attorneys at 919-833-5555.
Russell W. DeMent III
Criminal Defense Lawyer
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