Violating an Order for Protection (OFP) or Harassment Restraining Order (HRO) in North Carolina is a serious matter. These orders, often called Domestic Violence Protective Orders (DVPOs) or Civil No-Contact Orders, are meant to protect victims from abuse, harassment, or threats. But if you’re accused of violating one, the situation can quickly turn criminal.
A violation can lead to arrest, jail time, and long-term consequences. You may face both criminal penalties and restrictions that affect your job, family, or custody rights. At Martine Law, our North Carolina criminal defense attorneys understand how stressful this can be. We help clients protect their rights and defend against allegations of violating a protective or restraining order.
What Does Violating an OFP or HRO Mean in North Carolina?
An OFP (Order for Protection) or HRO (Harassment Restraining Order) is a court-issued order that restricts one person’s contact or behavior toward another. In North Carolina, these are usually known as Domestic Violence Protective Orders (DVPOs) under N.C. Gen. Stat. § 50B or Civil No-Contact Orders under § 50C.
When a judge issues an OFP or HRO, you must follow every condition in it.
Common restrictions include:
- No contact with the protected person (in person, phone, text, or social media)
- Staying away from their home, job, or school
- Surrendering firearms
- Avoiding third-party contact through friends or relatives
If you do anything the order prohibits, even something small, it can count as a violation.
Example:
Sending a text, showing up at a shared event, or driving past the person’s home could all trigger criminal charges, even if no harm occurs.
How Does North Carolina Law Treat Violations?
Violating a protective or restraining order is treated as a criminal offense under N.C. Gen. Stat. § 50B-4.1.
Most violations are charged as a Class A1 misdemeanor, which is the most serious misdemeanor level in North Carolina. However, repeated or violent violations can lead to felony charges.
Penalties may include:
- Up to 150 days in jail for a first-time misdemeanor violation
- Felony charges if you commit a new crime while violating the order
- Fines and probation, including supervised probation
- Loss of firearm rights
- Possible impact on child custody or visitation rights
If you violate a 50C No-Contact Order, the penalties are similar, although they fall under different sections of the law.
You can review protective order laws directly on the North Carolina General Statutes website for more detail.
Common Defenses to Violating an OFP or HRO
Not every alleged violation is intentional or even valid. There are legitimate defenses that may apply, depending on what happened.
Common defenses include:
- Lack of intent: You didn’t mean to violate the order or didn’t know it was still active.
- No actual contact: The protected person reached out first, or contact was accidental.
- False allegations: The accuser made false claims to gain an advantage, such as in a custody case.
- Order not properly served: You were never officially notified of the order or its terms.
- Ambiguous terms: The conditions were unclear or conflicting.
At Martine Law, our team reviews the details, evidence, and timing to identify weaknesses in the prosecution’s case. We also verify if law enforcement followed correct procedures when making the arrest.
If you’re unsure about your situation or believe your contact wasn’t intentional, reach out to a North Carolina defense lawyer immediately to discuss your options.
What Should You Do If You’re Accused of Violating a Protective Order?
If police contact you about a possible violation, do not ignore it or try to explain your side on your own. Every word can be used against you.
Here are important steps to protect yourself:
- Stay calm and do not contact the protected person.
- Read the order carefully to understand its terms and restrictions.
- Avoid social media posts or communication that could be seen as indirect contact.
- Consult a lawyer immediately before responding to police or court notices.
- Gather evidence that shows your actions were not intentional or that contact was unavoidable.
Acting fast is essential because even minor violations can be viewed harshly by the court. A knowledgeable defense lawyer can help you navigate hearings, gather evidence, and represent your side effectively.
If you’re facing these accusations, contact Martine Law today at +1 (704) 842-3411 or through our contact page for a confidential consultation.
How Violations Affect Family and Custody Cases
A violation of an OFP or HRO can also affect family law cases in North Carolina. Judges often consider these violations when deciding child custody, visitation, or spousal support.
If the violation involves your co-parent or spouse, it can influence whether the court believes you can safely share custody. You can read more about how protective orders affect family cases on our North Carolina Family Law page.
Because these cases overlap between family law and criminal defense, it’s critical to have a lawyer experienced in both. Martine Law’s attorneys handle both areas and understand how to protect your rights in every aspect of your case.
Key Takeaways
- Violating an OFP/HRO in North Carolina can lead to jail, fines, and loss of rights.
- Even a minor or unintentional contact can result in criminal charges.
- You have defenses, including lack of intent or false accusations.
- Violations can affect custody and family law outcomes.
- Acting quickly with legal help can prevent long-term damage.
Understanding your rights and options can make a major difference in your case. Do not handle this situation alone. Talk to a trusted legal team that knows North Carolina law and has helped others in your position.
If you’ve been accused of violating an OFP or HRO, contact Martine Law at +1 (704) 842-3411 or reach out online through our contact form. Our team is here to guide you with honesty, respect, and experience, 24/7.