What is the punishment for a 1st offense of violating a DVO after just being released from jail?

Asked 7 months ago - Statesville, NC

My estranged husband was released from county jail and ended up violating the DVO by leaving a letter directly to me in the house to which he was making threats towards me. The police and myself cannot figure out how he did this when they were here at the residence for him to gather some belongings. He must have a spare key and came in while I was gone. So what would the punishment be considering he plead guilty for Assault on a Female. And he also did a 3rd party contact as well

Attorney answers (3)

  1. Christopher James Welch

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . A violation of a 50(b) Domestic Violence Protective Order is a class A1 misdemeanor. The punishment he receives depends on the judge and the extent of his prior record, but the most he could get is 150 days in jail. He could also receive a suspended sentence.

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  2. Katherine Elizabeth Hudson

    Contributor Level 10

    2

    Lawyers agree

    Answered . If you have a DVPO in place, the maximum punishment for each violation is 150 days in jail.

  3. Anna Morrison Goodwin

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . The only thing I would add is that the maximum punishment is 150 days for EACH offense. So if your husband has been charged for the letter and the 3rd party contact, then he could be punished for each one. That depends on how he has been charged, it at all. The AOF he has been convicted of guarantees that he is at least a level two, which means he is eligible for a sentence of up to 75 days. However, again, these are all maximums, and as has been stated, he is eligible for probation. That said, judges are generally not happy about violating orders, and take that into account.

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