No Contact Order in North Carolina – In one of our earlier entries, we discussed domestic violence protective orders (DVPO), how they are enforced, and what happens when a person violates a DVPO. The purpose of this entry is to discuss no contact orders and some of the key differences between them and DVPOs.
What is a No Contact Order and How Can They Help?
A civil no contact order, otherwise known as a “50-C,” is a court order which protects an individual from nonconsensual sexual conduct or stalking by another individual. If the court is convinced that a victim has suffered this kind of unlawful conduct, then it may enter a temporary (or permanent) no contact order which may provide the complaining victim with the following types of relief, as found in N.C.G.S. § 50C-5:
- Order the respondent not to visit, assault, molest, or otherwise interfere with the victim.
- Order the respondent to cease stalking the victim, including at the victim’s workplace.
- Order the respondent to cease harassment of the victim.
- Order the respondent not to abuse or injure the victim.
- Order the respondent not to contact the victim by telephone, written communication, or electronic means.
- Order the respondent to refrain from entering or remaining present at the victim’s residence, school, place of employment, or other specified places at times when the victim is present.
- Order other relief deemed necessary and appropriate by the court, including assessing attorneys’ fees to either party.
What is the Difference Between a No Contact and a DVPO?
One of the key differences between a domestic violence protective order and civil order of no contact is the relationship between the complaining party and the alleged offender. A domestic violence protective order may only be granted to an individual who has a personal relationship with, or is a household member with the alleged offender. A civil order of no contact differs, in that the complaining party does not have an intimate or familial relationship with the alleged offender.
How is a violation of a no contact order punished?
Unlike a DVPO violation, which is a Class A1 misdemeanor, a violation of a no contact order is punishable by the contempt powers of the court.
If you have been charged with a state or federal crime in North Carolina or South Carolina and are in need of a criminal defense lawyer, contact us to discuss your options.