Can the Person Protected by a DVPO Be Charged with Violating the Order?

Here’s a question I get occasionally: What language should I use to charge aiding and abetting a violation of a domestic violence protective order (DVPO)? Here’s a similar one: If someone is arrested for aiding and abetting a violation of a DVPO, is the person subject to the 48-hour pretrial release law for domestic violence offenses? I know the scenario immediately. A person protected by a DVPO (Mary) has invited the person subject to the DVPO (her ex-boyfriend, John) over to her house although the DVPO prohibits him from being there. Things deteriorate, and Mary calls the police for assistance. I also know my answers to these questions. There isn’t language for charging Mary with aiding and abetting a violation of a protective order that was entered for her protection because such a charge isn’t valid. For the same reason, Mary isn’t subject to arrest so the 48-hour law doesn’t apply. If such a charge is brought, the remedy is for the court to dismiss it for failure to state a crime. The North Carolina appellate courts haven’t addressed whether these charges are proper, but decisions from other states explain why they should not stand. In State v. Lucas, 795 N.E.2d 642 (Ohio 2003), the facts were similar to the above scenario. In Patterson v. State, 979 N.E.2d 1066 (Ind. App. 2012), the police came to the residence for other reasons (to serve a subpoena) and found the two together. In dismissing the aiding and abetting charge, the court in both [...]