Penalties for a First-time Restraining Order Violation in NC

If a North Carolina judge decides you or someone else needs protection from violence or harassment, they’ll issue a protection order that prohibits contact between the parties. These court directives will remain civil legal matters – unless you violate the order, which could trigger criminal charges.

So, what legally happens if someone disobeys a restraining order for the first time? Could breaking those rules unexpectedly land you in jail or slap you with fines you can’t afford?

Here at McMinn, Logan & Gray, PLLC, we take calls every day from people facing questions just like these. Let’s walk through how local prosecutors and judges usually punish first violations.

The Nature of No-Contact and Protective Orders

North Carolina grants two primary types of restraining orders in most domestic violence and harassment cases.

Domestic violence protective orders (DVPOs) bar suspected offenders from approaching, contacting, or otherwise disturbing current or former intimate partners. Judges issue these “50Bs” when evidence shows possible danger without court intervention.

Similarly, civil no-contact orders or “50Cs” protect victims of non-domestic stalking or violence. These orders forbid communication attempts that reasonably distress or endanger someone.

50B and 50C orders have different targets, whether it’s domestic violence or general harassment, but the court processes for both operate similarly – judges can grant short emergency orders or longer injunctions, sometimes lasting years. These protective orders remain civil legal matters all the same.

What Legally Constitutes Violation?

Any unwanted conduct that defies a valid restraining order breaks the law. Typical violations include:

• Phoning, texting, emailing, or mailing the protected party
• Approaching them in public or private settings
• Contacting others to indirectly reach the person
• Surveilling, spying on, or stalking them
• Damaging their property
• Using social media or technology like hidden phone apps to interact with them

When contact breaches a clear court order, prosecutors often seek charges for this illegal harassment.

Misdemeanor Charges and Fines

Typically, local prosecutors will pursue Class A1 misdemeanor charges when someone first breaches a restraining order here. This charge means you may serve up to 150 days in county jail.

Misdemeanor convictions also trigger a maximum fine of $1,000 per North Carolina law. Courts may also impose other penalties like probation, counseling, or community service in addition to fines and jail time.

While misdemeanors damage records less than felonies, they may still significantly disrupt lives. Few will anticipate a month-long jail stay for messaging an ex or driving near their home. Yet violating a protective order often brings such harsh outcomes.

When Violations Become Felonies

If certain facts aggravate a violation or breach, prosecutors may escalate to felony charges instead. Felonies can mean over a year in state prison, even for first offenses.

Aggravating factors include:

• Violently harming or attempting to seriously injure victims
• Using lethal weapons to threaten them
• Previous convictions for similar harassment or crimes

For example, abusers with past domestic violence charges may see a new violation charged as a felony. Such cases mean lengthy prison sentences and heavy fines if convicted.

Further Legal Consequences

Beyond direct penal outcomes, violating a restraining order can also cause:

• Contempt of court findings in the civil case
• Losing child custody or visitation
• Protective order extensions to 10+ years
• Home evictions and employment termination

Some believe that a violation act “re-victimizes” the person protected, undoing any progress they may have made in escaping abuse through court processes. Judges thus impose harsh sanctions via contempt charges, custody decisions, and order renewals.

Carefully Abide By Any Court Orders

Our best advice? Strictly follow the terms of the restraining order and any judicial instructions you receive, even if you believe them to be unfair, wrong, or burdensome. Attempting to contact any restricted parties rarely improves a situation, no matter how noble the intent.

If you feel wronged by the terms of a restraining order, utilize proper legal channels like a criminal defense attorney to contest them – but violate them never. The criminal and civil consequences are grave, especially for first-timers.

Frequently Asked Questions

What are common penalties for a first violation of a restraining order in North Carolina?

A first-time restraining order violation typically brings North Carolina misdemeanor charges, up to 150 days in jail, and a maximum of $1,000 in fines. Felony charges are possible but rare for first breaches involving violence, weapons, or past similar crimes.

Does a first-time violation create a criminal record in North Carolina?

Yes, a criminal record results from a first restraining order violation in North Carolina. Misdemeanor convictions especially impact background checks when applying for jobs, housing, loans, etc. While less serious than felonies, misdemeanors still carry stigma and penalties.

What should I do if charged with an initial restraining order violation in North Carolina?

Immediately retain a North Carolina criminal defense lawyer for experienced representation. Skilled litigation often reduces or drops initial restraining order violation charges. Experienced attorneys also advise clients on strict compliance going forward.

Connect With Our Team Today For Dependable Support

Here at McMinn, Logan & Gray PLLC, our Winston-Salem defense attorneys offer free case assessments of criminal charges. If you’re being accused of breaching a no-contact order, contact our office today.

Our attorneys will review the alleged violations. We’ll then explain viable defense options to seek charge reductions or dismissals where possible.

Don’t navigate confusing order violation cases alone. Contact our legal team for reliable guidance ahead. We fight for our clients like family – you can lean and depend on us fully through each step of the process.