What happens when I violate a domestic violence protective order?
Civil protection orders, sometimes called restraining orders, offer victims protection from abusive behaviors and actions of another party. One type of restraining order is a North Carolina domestic violence protective order (DVPO). If you violate a DVPO, you can find yourself in very negative consequences, particularly facing jail time.
What is a domestic violence protective order?
A domestic violence protective order commands one person to stop abusive behaviors and actions against another person. Most DVPOs involve spouses, domestic partners, and family members.
A North Carolina judge issues a DVPO to protect the person feeling threatened. The courts take these orders very seriously, just as it considers a violation of them a serious matter. Violating a domestic violence protection order brings criminal and civil penalties.
What happens if I violate a domestic violence protective order?
If you violate a DVPO, you can find yourself up against a range of law enforcement and justice system parties, including:
- Police department
- Sheriff’s office
- Magistrate’s office
- Civil court
- Criminal court
- Prosecuting attorney
Being served with a DVPO requires you to follow the court’s orders for the specified period of time. Otherwise, you face criminal charges at the misdemeanor or felony level according to North Carolina Statutes Chapter 50B. As a result, you can expect arrest and harsh penalties like incarceration in a correctional institution.
If you violate the DVPO, you need to hire an attorney. You should also prepare to make bail by connecting with a bail bondsman. Your lawyer gathers evidence and reviews the alleged crimes, then defending you at your hearing.
Other Ways a DVPO Violation Can Affect You
Besides facing criminal charges and time in jail, you face a variety of other DVPO violation effects. If you are going through divorce with the party who filed for the restraining order, the court takes the order and your behavior into consideration when dividing your assets and debts. The court also takes your order violation into account when awarding spousal support.
Because the court decides matters of child custody based on the child’s best interests, your violation of a DVPO weighs in its decisions about your minor children. When domestic violence occurs between a couple, the court’s top focus is protection of the victims.
Do I need a domestic violence bail bond?
North Carolina domestic violence bail bonds are not the same as other types of bail bonds. While the magistrate sets other types of bail within a few hours after an arrest, a domestic violence protective order violation requires a 48-hour holding period. You need a judge’s approval for bail to occur during those 48 hours or have to wait until the 48 hours pass and a magistrate sets bail.
If you use a bail bond for a domestic violence-related case, you must meet specific conditions of your release. Those conditions include staying away from the alleged victim’s home, work or school. You cannot threaten or physically harm the victim and may not damage or remove property from a home you shared. If you have children, any visitation is generally specified by the court.
If you violate the terms of your bail bond, you face revocation of that bond and ultimate return to jail for violation of the domestic violence protective order. To avoid this, you must follow the bail conditions and stay in touch with your bondsman as required. You also must attend all hearings and meet the requirements of the court.
Stay in Compliance after a DV Bail Bond from DJ’s Bail Bonds
DJ’s Bail Bonds serves clients throughout the state of North Carolina, particularly in Chatham, Franklin, Harnett, Johnston, Lee and Wake Counties. If you need a bail bond after a violation of a domestic violence protective order, call DJ’s Bail Bonds at (919) 986-1547.