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What We DoA 50B order in North Carolina, known commonly as a restraining order or a Domestic Violence Protective Order (DVPO), is a specific type of restraining order designed for victims of domestic violence. Unlike a standard restraining order, the 50B order provides greater protections for victims and gives law enforcement more power to charge and arrest an abuser that violates his/her 50B. As such, violating this order is not just “contempt of court,” but instead it’s a serious criminal offense carrying extensive penalties.
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. Keep in mind that if you are charged with another crime while violating the order, the penalties are increased (such as a Class H felony becoming a Class G felony, which effectively doubles the prison sentence). As such, if you or someone you know has been charged with this crime, you’ll need a Raleigh criminal defense lawyer experienced with domestic violence and 50B order cases.
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Violation of a 50B order can occur in many different ways, and if someone has a restraining order against you, it is important to remember that you can violate your order even when contact was initiated by the person the order was meant to protect.
In addition to a misdemeanor violation of a 50B, which can include, but not restricted or limited to, violations of the above elements, there are several other crimes associated with a 50B order violation. For instance:
If you have been charged with violating a 50B order, it is critical to contact a prominent and experienced criminal defense attorney immediately. Whether a text message, a photo of you near prohibited areas, or numerous other pieces of evidence, it is fairly common for the court to forgo a profound investigation into the alleged offense and determine if there are any extraneous circumstances. Likewise, prosecutors and judges can be biased, especially if the 50B order was given because of a previous domestic violence charge.
With the legal representation and guidance of Raleigh attorney Dewey P. Brinkley, you can stand a fighting chance against these charges. We’ll use the full extent of North Carolina and federal laws to fully investigate the circumstances surrounding the arrest and we’ll aggressively defend your case in courts. To fight these charges, call the Law Office of Dewey P. Brinkley today at (919) 832-0307 for a free consultation.
Certified Criminal Law Specialist by North Carolina State Bar.
Tried over 250 criminal cases in local courts.
Knows prosecution strategies from time as Assistant District Attorney.
Direct, responsive service from start to finish by Brinkley himself.
4.9-star client reviews praise professionalism and case outcomes.
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Before founding our Criminal Defense Law Firm in Raleigh, Attorney Dewey P. Brinkley worked for almost three years in the Wake County District Attorney’s office, gaining in-depth experience handling domestic violence, misdemeanors and juvenile court offenses.
As a Raleigh Criminal Defense Lawyer, he handles serious felony charges, including armed robbery and attempted murder, as well as DWI, traffic tickets and violations and misdemeanors. Whatever charge you face, we can help.