Get NC AOC-CV-304 2013-2024

An emergency custody order, sometimes referred to as an “ex parte order,” is an immediate, short-term custody order that a judge can grant under limited emergency circumstances, without hearing from the other party.

Definition and Elements of the Crime It is worthy to note that the underlying Domestic Violence Protective Order or “DVPO” requires proof by the Greater Weight of the Evidence (more likely than not). Proof Beyond a Reasonable Doubt that fully satisfies or entirely convinces the Finder of Fact.

DVPO violations are Class A1 misdemeanors. This is the most severe type misdemeanor in North Carolina. It carries the punishment of imprisonment for a maximum period of 150 days or some form of probation. The court also has the discretion to impose a fine in addition to other consequences.

Whether a restraining order from a North Carolina court, another state court, or a Native American tribal court, violating the 50B in North Carolina can result in a Class A1 misdemeanor punishable by up to 150 days (5 months) in jail.

Common Violations of a 50B Order Here are some protections in a DVPO that are commonly violated: Prohibiting the accused from having any contact with the victim, other household members, and children. Granting possession of a residence to the victim and prohibiting the accused from living at or going to the residence.

In civil procedure, ex parte is used to refer to motions for orders that can be granted without waiting for a response from the other side. Generally, these are orders that are only in place until further hearings can be held, such as a temporary restraining order.

Found in N.C.G.S. 50B-4.1, a DVPO violation is generally punished as an A1 Misdemeanor with a maximum punishment of up to 150 days in jail. The A1 misdemeanor is the only level of a misdemeanor where the defendant is jail eligible regardless of their prior record.

Repeated violation of a domestic violence protective order, 50B-4.1(f): if you have two prior convictions for violating a 50B order, you can be charged with a Class H felony punishable by up to 39 months imprisonment.