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The importance of following a protective order

On Behalf of | Apr 22, 2022 | criminal defense | 0 comments

If you are in possession of a protective order for domestic assault, you may be wondering what your next moves are. There are two types of orders: Ex parte and permanent, and if it is an ex parte order, you will have the chance to present your defense.

No matter which order you have, you need to follow everything the judge ordered. If you violate any of the order, there are consequences.

Ex parte vs permanent protective order

According to the North Carolina Judicial Branch, the alleged victim can request an immediate protective order. If the judge approves it, this is a temporary ex parte order, and it is only in effect until there is a hearing.

At the hearing, both the plaintiff (alleged victim) and the defendant (person in possession of the order) are able to present their sides to the judge. If the judge rules in favor of the plaintiff, the protective order becomes a permanent one, which is generally in effect for up to one year.

Basics of a protective order

The judge will check various boxes of the protective order, which outlines what the defendant can and cannot do. Some of the things it may order include:

  • The defendant has no contact with the plaintiff
  • The defendant must move out of their shared residence
  • Gives temporary child custody to the plaintiff
  • The defendant must stay away from the plaintiff’s workplace, home or school

The defendant must obey the orders listed in the protective order until the expiration date of the current order, unless a judge grants its renewal.

Penalties for order violation

Although a protective order does not appear on the defendant’s criminal record, violation of the order may result in a criminal arrest. According to the North Carolina General Assembly, a first violation is a misdemeanor, while subsequent violations are a felony. Potential penalties for violating any aspect of the order include fines and jail or prison time.