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Domestic Violence / Restraining Order

 

Domestic Violence, Restraining Order, Protective Order, criminal defenseDomestic Violence

Domestic violence can occur when a person commits an act of violence on another. A case is termed ‘domestic violence’ or ‘dv’ when a particular relationship exists between the parties; common examples include husband/ wife, boyfriend/girlfriend or former boyfriend/girlfriend. A domestic violence obtains a protective order from a district court judge or a magistrate when the court believes an act of domestic violence took place. There are a variety of prohibitions the order can designate, but most often it will be a no contact order or an order permitting only peaceful, non violent contact.


North Carolina Violation of Protective Order/ 50-B Restraining Order Violation

A person is guilty of this offense when they knowingly violate a protective order that was put into place by a court. General Statute Chapter 50B in North Carolina is the statute that addresses protective orders in North Carolina. However, if your protective order is from another state, North Carolina recognizes the order from the other state and you can still violate this law.


In a 50- B case or violation of protective order, the District attorney will need to establish that a personal relationship exists; this includes current or former spouse, people of the opposite sex that have lived together or currently live together, parent and child, grandparent and grandchild, current and former household members, and people of the opposite sex that were once in a dating relationship or are currently in a dating relationship.

If you are accused of domestic violence or violation of protective order/50-b violation in Mecklenburg County or surrounding North Carolina counties, please contact Charlotte criminal attorney Carilyn Ibsen at (888) 543-2427.

 

 

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