Hatcher Law Group Hatcher Law Group
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FAQs

If the abuser violates the Order, it is a Class A1 Misdemeanor in North Carolina.  If the abuser violates the Order, call the police immediately, preferably while it is happening.  The police must respond under the law and should arrest the Defendant for violating the Order if he is caught doing so when they arrive.  If the police do not catch the Defendant, you or your attorney should go to the magistrate's office as soon as possible and get a warrant for the abuser's arrest.  Cooperate with the district attorneys before any hearing and get help from advocates at the Battered Women's Shelter and/or Victim's Assistance.  You should discuss the case with a Victim's Assistance counselor or your attorney as soon as possible. 

Another remedy available to you in a Contempt Motion which is filed in civil court.  Contempt is the power of the court to enforce its orders.  You should talk to an attorney before filing a contempt motion in civil court for a 50B violation if the abuser has already been arrested for a crime.  It is probably better for you to have the violation proceed through the criminal court if the violations was violent, stalking, or harassing behavior.  If it was for a different violation, such as refusing to give you possession of the car, for example, you would choose to pursue the option of contempt.  There are two (2) types of contempt in civil court-civil contempt and criminal contempt.  Civil contempt is where the judge wants to force the Defendant to do something he is supposed to do under the 50B Order.  In that situation, the judge might put the Defendant in jail until he pays all his past due child support, for example.  Once the Defendant complies, the punishment ends.  With criminal contempt, the Defendant "willfully" violates the Court's 50B Order.  Here, the Defendant is punished with some set amount of time in jail (up to 30 days) or with some set amount of fine.

 
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