What are the Consequences Violating a Court Order? Do I Need a Lawyer for Protective Order Violation?
Answering the Question “Do I Need a Lawyer for Protective Order Violation” one would be wise to also consider:
- Does It Matter if Order is Under NCGS Chapter 50?
- What about Chapters 50B or Chapter 50C?
- What are the Consequences?
- Criminal Charges?
Protective Order issues in North Carolina are notoriously complex and rife with emotion – Bill Powers
Some Remedies Available:
- Refrain from Acts
- Possession of Residence or Household
- Exclude Other Party from Residence or Household
- Suitable Alternate Housing
- Temporary Custody
- Support for Minor Child
- Support for Souse
- Possession of Personal Property
- Admonitions NOT to Threaten, Abuse, Harass et al
See More: What Happens When I Call a Criminal Defense Lawyer?
Modified Transcript of “Do I Need a Lawyer for Protective Order Violation” for the Hearing Impaired
Hi, I’m Bill Powers, and we’re going through a series of online-posted questions. This isn’t anything that particularly came to us from a client. This is what we see on public, I guess, message boards. It’s a pretty standard question. It basically says, and I’ll paraphrase it, “My boyfriend had been falsely arrested for violating a protective order.” It looks like there’s some allegation of harassment. There’s events of text messaging going back and forth in a relationship. There’s some allegation that that person’s being harassed by the police. Then the question is, “Can we win with him just representing himself or do we need to get his lawyer involved?”
Well, this is a pretty standard-fare question for us. As criminal defense lawyers, it’s oftentimes question upon question, layer upon layer. The first thing I would say in response to that inquiry would be I think it is a good idea to get a lawyer involved. If you have a lawyer, certainly give that lawyer a call and talk to them about these type of protective orders. Protective order in North Carolina are generally handled under Chapter 50. Some involve relationships where people live together. Some involve relationships of people that don’t live together. Some are just allegations or protective orders for people that barely know one another.
They tend to be a bit complicated and I think it’s fair to say that in almost any circumstance when a court orders someone to stay away from someone else and there’s an allegation that that court order has been violated, that’s serious, okay? That’s the type of thing that may involve a contempt of court proceeding. Contempt of court can involve jail time. It can also involve fines. It also may be a criminal violation in and of itself to violate a court order.
For example, if you’ve got a 50(b) violation, a domestic violence violation, and you’ve been ordered to stay away from a person, not have phone calls, not text, anything like that and there’s an allegation, yeah, you want to talk to a lawyer. Secondary to that, you want to figure out the best way to avoid any future contact with anyone else. Again, I think that involves speaking to a lawyer.
Do I personally think you should speak to an attorney? Absolutely. Whether it’s us or some other law firm, generally speaking, I recommend you going back to the attorney who handled the restraining order in the first place. Give us a ring if you think we can help you out. We’ll answer your questions. We provide a free, confidential consultation. Look forward to hearing from you.