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:

  1. Order the respondent not to visit, assault, molest, or otherwise interfere with the victim.
  2. Order the respondent to cease stalking the victim, including at the victim’s workplace.
  3. Order the respondent to cease harassment of the victim.
  4. Order the respondent not to abuse or injure the victim.
  5. Order the respondent not to contact the victim by telephone, written communication, or electronic means.
  6. 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.
  7. 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.

 

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