Violating Restraining Order Attorney

When personal relationships become strained, people take extreme actions to avoid one another. If they feel threatened, they may seek a restraining order, also known as a domestic violence protective order (DVPO).

Violation of a DVPO can result in serious consequences. If you have been accused of violating a DVPO, contact North Carolina restraining order attorney Jonathan Breeden at (919) 661-4970 to defend you against those allegations.

A DVPO is a civil protection order that commands a person to cease behaviors and actions against another person that constitute abuse. While there are several different situations where a person may file a DVPO, it is quite common to see these orders crop up between spouses, partners, and family members.

What happens when a restraining order is violated in North Carolina?

Enforcement of a DVPO

A DVPO may be issued to protect someone who feels threatened. The North Carolina court system takes violation of those orders seriously. You may incur criminal penalties as well as civil repercussions if you violate a DVPO.

The following entities may enforce a DVPO that has been violated:

• Police Department or Sheriff’s Office – Law enforcement authorities may be called if a DVPO has been violated. In this situation, you may be arrested and a district attorney may prosecute the crime.
• Magistrate’s Office – The judge or magistrate that issued the DVPO may be notified of a DVPO violation. At that time, a warrant will be issued for the arrest of the violator and criminal charges may be made.
• Civil Court – Violation of a DVPO constitutes civil contempt of a court order. A “Motion for Order to Show Cause” may be obtained from a Court Clerk and filed with the court that issued the DVPO. If the court finds that the DVPO was violated, you may be found in contempt.

Violation of a DVPO Can Lead To Criminal Penalties

If you have been served with a DVPO, you must be vigilant in following the exact orders for the enforced amount of time. A DVPO is enforceable under North Carolina Statutes Chapter 50B, and violating the order may be a misdemeanor or a felony that can lead to harsh punishment, including incarceration.

Attorney Jonathan Breeden has experience defending people who have been accused of violation of a DVPO. There are two sides to every story. Attorney Breeden will gather the evidence and review the allegations against you to build a strong defense.

At the hearing, your North Carolina restraining order lawyer will work to prove that you did not violate the DVPO and you should not receive criminal penalties.

Violation of a DVPO Can Affect Your Divorce Case

Not only will you receive criminal penalties, but the outcome of your divorce may be affected. Although North Carolina is a no-fault divorce state, the court will take behavior into account when dividing property and debt.

The court will also consider abuse when awarding spousal support. Thus, if you are found to have violated a DVPO, your spouse may have the evidence they need to leverage a divorce outcome that is more beneficial to them.

Avoid unfair separation of property and support awards by obtaining the help of a North Carolina restraining order attorney. Jonathan Breeden will represent your rights in court if allegations are made against you.

How DVPOs Affect Custody Proceedings

When it comes to determining custody of minor children, the court will always base its decisions on what is in the child’s best interest. When reviewing custody cases where a child or a spouse was a victim of domestic violence, the court will decide foremost how to best protect these parties.

Courts will consider the following if a DVPO was issued or violated:

• Whether the minor child was exposed to a substantial risk of physical or emotional injury or sexual abuse
• Whether the minor child was present during acts of domestic violence
• Whether a weapon was used or threatened to be used during any act of domestic violence.
• Whether a party caused or attempted to cause serious bodily injury to the aggrieved party or the minor child
• Whether a party placed the aggrieved party or the minor child in reasonable fear of imminent serious bodily injury
• Whether a party caused an aggrieved party to engage involuntarily in sexual relations by force, threat, or duress
• Whether there is a pattern of abuse against an aggrieved party or the minor child
• Whether a party has abused or endangered the minor child during visitation
• Whether a party has used visitation as an opportunity to abuse or harass the aggrieved party
• Whether a party has improperly concealed or detained the minor child
• Whether a party has otherwise acted in a manner that is not in the best interest of the minor child

Violating a DVPO could cause the court to reevaluate the safety of the child and impose custody and visitation restrictions. A court may decide to order supervised visitation or may make a negative decision regarding final custody of a child.