Criminal Violations of a DVPO

In North Carolina, victims of domestic violence are protected by both civil and criminal laws. Our state’s Domestic Violence Protective Order (DVPO) laws are in Chapter 50B of the General Statutes. A person seeking relief under Chapter 50B may file a civil action in district court alleging acts of domestic violence and seeking entry of a protective order. If the court enters a DVPO, a violation can have criminal consequences. This post reviews the criminal offenses involving violations of DVPOs. Misdemeanor DVPO Violation G.S. 50B-4.1 is the primary criminal provision and establishes several offenses. It provides, as a basic violation, that a person who knowingly violates a valid protective order is guilty of a Class A1 misdemeanor. The elements “knowledge” and “valid protective order” have been the subject of litigation over the years. See State v. Tucker ___ N.C. App. ___, 848 S.E.2d 265 (2020); State v. Byrd, 363 N.C. 214 (2009). However, a deep dive of the meaning of these elements is beyond the scope of this blog. Felony DVPO Violations In addition to the basic misdemeanor DVPO violation, G.S. 50B-4.1 creates four felony offenses that involve DVPO violations. Committing felony while DVPO prohibits act. One offense is the commission of a felony in violation of a DVPO. A person is guilty of this offense if he or she commits a felony at a time when the person knows the behavior is prohibited by a valid protective order. The offense is a felony one class higher than the felony the person [...]