peanalty for violating protective order nc

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Latest post 03-22-2010 11:34 AM by Cica. 8 replies.
  • 03-20-2010 2:06 PM

    • larry1803
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    peanalty for violating protective order nc

    does any body know what the peanalty is for violating a protective order in nc

  • 03-20-2010 2:16 PM In reply to

    Re: peanalty for violating protective order nc

    What does the order say?  It's usually spelled out there.  No NC lawyers follow this site, but in my jurisdiction, it is often jail.

  • 03-20-2010 3:07 PM In reply to

    • LG81
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    Re: peanalty for violating protective order nc

    It should be spelled out in the order; read it.  If you are a good scam artist, you may or may not be able to talk your way out of jail time.  In a different state (not NC), I know a moron who violated a protection order.  He was arrested, charged with violating the order, false imprisonment, and attempted assault.  He never saw a day of jail and was able somehow to get the charges dismissed.

  • 03-22-2010 7:00 AM In reply to

    Re: peanalty for violating protective order nc

    It's according to what it is alleged one did in violation of the order ( assault v contact, etc).  While the initial protective order is considered civil, a violation is considered criminal;  the lowest level of violation seems to be a misdemeanor punishable by up to 150 days in jail.

  • 03-22-2010 8:14 AM In reply to

    • Drew
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    Re: peanalty for violating protective order nc

    What is the nature of the violation?.

     

    Read up on NC rules--several forms of violation might just raise it from a misdemeanor to a felony .

     

     



  • 03-22-2010 8:22 AM In reply to

    LG81-

    This post sounds judgmental, which is unusual for your pos... We want to keep the site welcoming to all.

    Thanks,

    Sharon

  • 03-22-2010 10:43 AM In reply to

    • LG81
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    Re: LG81-

    Sorry -- you're right; my post does sound judgemental.

    Larry - Sorry.  I know you already know that you wouldn't have to worry about this if the restraining order had not been violated, so my comment was unnecessary.  (Plus, I don't even know if you are the person who violated it -- if you are, there's still no reason for a judgemental comment when you came here with a question)  I just get torked when I see this happen, because it seems there are so many problems with protective orders almost becoming worthless, but that doesn't give me the right to a soap-box.  So, what I should have said (already reiterated by other posters)...

    1. Read the restraining order terms.

    2. Others are right - the level of charge could depend upon the specifics of what was done.  E.g., if the offender just entered the "stay-away" zone, it could be one charge.  If, on the other hand, the offender was armed or committed any type of assault, that could be a different charge altogether.

    3. Once the offender is given the charges against him (or maybe even before), consult with a criminal attorney.  If you cannot afford an attorney, apply for a PD.  (I honestly don't know whether you can apply for one before the charges are rendered).

    4. I don't believe that other violations or criminal charges can be brought into the original judgement of guilty or not guilty, but any prior history could come into play at sentencing.

    5. Once you get your charges, you can research sentencing guidelines (or any mandatory minimum sentence).  Presumptive guidelines don't always mean that is what you would get; it could be less depending on the circumstances.  But your attorney can give you an idea, plus also develop a strategy for your case.

     

  • 03-22-2010 11:34 AM In reply to

    • Cica
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    * I believe *

    More From a past post this apparently involves the OP and his wife.  If it involved DV, as may be interpreted by the initial post, she apparently is very protected in North Carolina.  He doesn't indicate the reason for violating the order, or, what in fact occurred.

    OP -- your attorney is the only one who knows your situation in full.

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