Is violating a restraining order a felony NC?

Whether a restraining order from a North Carolina court, another state court, or a Native American tribal court, violating the 50B in North Carolina can result in a Class A1 misdemeanor punishable by up to 150 days (5 months) in jail.

What is a 50B in NC?

A Domestic Violence Protective Order (sometimes commonly referred to as a “restraining order” or a “50B order”) is a restraining order that is designed specifically for victims of domestic violence to give them the protection they need from the abuser.

Does a restraining order go on your record in NC?

A DVPO is not a criminal conviction and does not appear on the defendant’s criminal record. However, all documents filed in the case are public record.

What is the maximum sentence for breaching a restraining order?

What is the penalty for breaching a protective order? Breaching a protective order is an offence. The maximum sentence is five years’ custody.

Is a restraining order a criminal offence?

The breach of any court order, including a restraining order, is classed as a criminal offence.

How do you drop a restraining order in NC?

If you want to drop your restraining order, you need to go back to the court that issued your order and fill out a request (motion) to dismiss the order. You may have to talk to the judge and tell him/her why you want to drop the restraining order.

What constitutes harassment in NC?

In general, harassment is behavior towards another person that scares, torments, or intimidates them for no apparent reason. This behavior can be expressed verbally or in writing, by phone, internet, pager, voice mail, answering machine, or any other comparable methods.

What is a reasonable excuse for breaching a restraining order?

Examples of a reasonable excuse that the Court could decide upon could include: Bumping into the protected person in a public place such as the supermarket and apologising for the accidental contact, while there is a term in place not to contact or be within 100 metres of the protected person.

What happens when you get charged with harassment?

Felony charges are more severe than misdemeanors, so you can expect the penalties to be more devastating. If you were charged with a first-degree misdemeanor, you could spend up to twelve months in jail, twelve months on probation, and be required to pay a $1,000 fine.

What is a no-contact order in NC?

A Civil No-Contact Order (sometimes commonly referred to as a “50C order”) is a restraining order that is designed specifically for victims of sexual assault or stalking who do NOT have a “personal relationship” with the offender.

Is a restraining order a conviction?

Following the implementation of section 12 of the DVCVA 2004, restraining orders may be made on conviction or acquittal for any criminal offence. These orders are intended to be preventative and protective. The guiding principle is that there must be a need for the order to protect a person or persons.

What is the punishment for harassment in NC?

A first offense of harassment charges NC is usually charged as a Class A1 misdemeanor, which is the most serious of all misdemeanors. Misdemeanors classified as Class A1 are punishable by up to one year in prison and hefty fines.

How do I prove harassment in NC?

North Carolina Stalking Definition (1) Fear for the person’s safety or the safety of the person’s immediate family or close personal associates. (2) Suffer substantial emotional distress by placing that person in fear of death, bodily injury, or continued harassment.

What happens if my restraining order expires in North Carolina?

If your order does expire while you are living in North Carolina, you may be able to get a new one issued in North Carolina but this may be difficult to do if no new incidents of abuse have occurred in North Carolina. To find out more information on how to get a protective order in North Carolina, visit our NC Restraining Orderspage.

What are the different types of restraining orders in North Carolina?

In North Carolina, there are two types of restraining orders available to victims of domestic violence and stalking: domestic violence protective orders and civil no-contact orders.

What are the consequences of a restraining order?

The consequences of having a restraining order filed against you can extend beyond simply being ordered to stay away from the complainant. It could result in the loss of your home (if you lived with the victim), influence child custody decisions, and prevent you from purchasing a gun.

Can a protection order be enforced in North Carolina?

Your protection order can be enforced in North Carolina as long as: It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1 The court that issued the order had jurisdiction over the people and case.