Home » Criminal Charges » Domestic Violence » Violation of a Protection Order

Violation of a Protection Order in Raleigh

If faced with charges for violation of a protection order, it is imperative that you take these charges seriously and act quickly. The experienced attorneys at Coolidge Law Firm can review your case and prepare the best defense possible on your behalf. Contact the Coolidge Law Firm today at (919) 239-8448 for a free, confidential attorney consultation.

The Coolidge Law Firm proudly defends clients throughout Wake County, including Raleigh, Apex, Cary, Garner, Holly Springs, and Wake Forest.

Raleigh Violation of a Protection Order Lawyer

Domestic violence is a serious offense, which can have dangerous consequences for the victim. As a result, the law provides protection for victims in the form of a protection order. A protection order often referred to as a restraining order, prohibits a perpetrator of domestic violence from committing specific acts, including:

Contacting the victim;
Carrying or possessing a firearm;
Residing or living with the victim; and/or
Any other precaution necessary for the health and safety of the victim.

When an offender or perpetrator of domestic violence does not comply with the specific terms of a protection order, whether intentionally or unintentionally, he or she is considered in violation of a protection order. Violation of a protection order is a criminal offense. If faced with criminal charges associated with the violation of a protection order, it is recommended to contact an experienced criminal defense attorney immediately.

North Carolina Information Center for Violation of a Protection Order

What is a protective order?
How does a defendant violate a protection order?
What are the consequences for violation of a protection order?

What is a Protective Order?

A victim of domestic violence as defined in North Carolina General Statute § 50B-1 may file for a protective order from his or her alleged abuser. Customarily, a protective order contains the following provisions. The court may order additional provisions as necessary for the health and safety of the victim and minor children.

Prohibit any communication, in person or via electronic device, between victim and the alleged abuser;
Require the accused pay for alternative housing for a spouse and minor children;
Order child support for minor children;
Order accused from committing further acts of violence, including threatening, harassing, interference, or cruelty to the victim’s (or minor child’s) animal;
Prohibit the accused from possessing or purchasing a firearm for a fixed time;
Order eviction from the victim’s residence and prohibit from returning;

According to North Carolina General Statute § 50B-4.1 an individual is determined to have violated a protection order if he or she knowingly does not comply with a valid protection order.

Violation of a Protection Order

The most common violation of a protection order is committed when an accused contacts a victim. Traditionally, contact would include in person contact, but in this technology age contact can be made in person, by telephone, email, or social media. Persons served with a valid protection order must refrain from any form of contact whatsoever, even through a third party. This includes benign contact. Even a text message saying “hello” or “how are you doing” can be considered a violation of a protection order.

Another common violation of a protection order is the failure to surrender a firearm. According to North Carolina General Statute § 50B-3.1 an individual must surrender all firearms, permits to purchase firearms, permits to carry concealed firearms, and include any identifying information to the firearms upon issuance of a protection order.

The law expects individuals served with a protection order to surrender immediately. However, if the accused cannot surrender the firearms at time of issuance, he or she has up to 24 hours to surrender the aforementioned items to the sheriff.

Consequences of Violation of a Protection Order

Criminal consequences for violation of a protection order vary depending on the circumstances. Generally, violation of a protection order is a class A1 misdemeanor, which is the most serious type of misdemeanor. An individual convicted of a class A1 misdemeanor faces a maximum penalty of up to 150 days in jail and a discretionary fine.

However, should an individual commit a felony when violating the protection order, the criminal consequence would be one class higher than the felony committed. For example, conviction of assault with a deadly weapon is normally punished as a Class C Felony, punishable by a prison term of 44 to 98 months.

However, if the individual commits assault with a deadly weapon on the victim after being issued a valid protection order, the conviction is now a Class B-2 Felony punishable by 94 to 393 months imprisonment.

Speak to a Protection Order Lawyer in Raleigh Today!

The criminal consequences of violating a valid protection order are serious. It is important to contact an experienced criminal defense attorney immediately following a domestic violence accusation. The experienced attorneys at Coolidge Law Firm can provide counsel during the protection order hearing and adequately advise you of the terms of a protection order if issued.

If already charged with a protection order, we can compile the best defense based on your unique circumstances. Contact us today at (919) 239-8448 or fill out the contact form below for a free, confidential evaluation of your case.

Contact Us

I can not say enough good about David Coolidge and the Law Firm! From the moment of our 1st interaction, I could tell that David TRULY cares and has a passion about the cases he takes on. I was anxious and nervous about my case from the beginning. David immediately showed his support and listened with an empathetic ear. From that moment on, I felt as though I knew I could trust him to put his whole heart into helping me with my case. He is intelligent, kind and completely nonjudgmental. He will listen to you and is so very supportive. I really felt, and still do, that he really cared about helping me. His passion for his work and in helping others shines. We VERY HAPPILY, had a GREAT outcome from the case and I could not be happier. As I told him when we left the court room that morning... “David, you have changed my life forever”. I would recommend David and this Law Firm to EVERYONE who is reading this review.

- Brian L.

David Coolidge is a wonderful attorney! I hired him twice for two different cases that I had which were only 2 months apart. He's very thorough and efficient. I was even able to reach him after hours through phone calls, texts, and email. Hopefully I never need his services again but if I am in a similar predicament I would most definitely hire David again.

- Tiffany C.

Excellent Customer Service. I had a Speeding ticket and they resolved it positively with no points on my Driver License. They represented me in Court and by midday on the Court date, they had updated me on the outcome. Very efficient service. I highly recommend them if you are in need of Legal Services.

- Stephen O.

I got a speeding ticket for going 17 over. They sent me a letter in the mail explaining that I could plead improper equipment and get no points on my insurance or license. They even gave me the fees straight out on the letter including court costs. They represented me and made the ticket go away.

- David G.

I cannot say enough about Attorney Coolidge and his staff. He’s handed several matters for me and in every instance he has exceeded my expectations. He even answered a frantic call from me on a Saturday night. I called in desperation not really expecting an answer. Mr. Coolidge delivered on all that he promised and more. I highly recommend.

- Craig S.