50B-4. Enforcement of orders. Domestic Violence. NCGA
50B-4. Enforcement of orders.. Domestic Violence. NCGA
50B-4. Enforcement of orders(a) A party may file a motion for contempt for violation of any order entered pursuant to
this Chapter. This party may file and proceed with that motion pro se, using forms provided by the
clerk of superior court or a magistrate authorized under G.S. 50B-2(c1). Upon the filing pro se of
a motion for contempt under this subsection, the clerk, or the authorized magistrate, if the facts
show clearly that there is danger of acts of domestic violence against the aggrieved party or a minor
child and the motion is made at a time when the clerk is not available, shall schedule and issue
notice of a show cause hearing with the district court division of the General Court of Justice at
the earliest possible date pursuant to G.S. 5A-23. The Clerk, or the magistrate in the case of notice
issued by the magistrate pursuant to this subsection, shall effect service of the motion, notice, and
other papers through the appropriate law enforcement agency where the defendant is to be served.
(b) Repealed by Session Laws 1999-23, s. 2, effective February 1, 2000.
(c) A valid protective order entered pursuant to this Chapter shall be enforced by all North
Carolina law enforcement agencies without further order of the court.
(d) A valid protective order entered by the courts of another state or the courts of an Indian
tribe shall be accorded full faith and credit by the courts of North Carolina whether or not the order
has been registered and shall be enforced by the courts and the law enforcement agencies of North
Carolina as if it were an order issued by a North Carolina court. In determining the validity of an
out-of-state order for purposes of enforcement, a law enforcement officer may rely upon a copy of
the protective order issued by another state or the courts of an Indian tribe that is provided to the
officer and on the statement of a person protected by the order that the order remains in effect.
Even though registration is not required, a copy of a protective order may be registered in North
Carolina by filing with the clerk of superior court in any county a copy of the order and an affidavit
by a person protected by the order that to the best of that person's knowledge the order is presently
in effect as written. Notice of the registration shall not be given to the defendant. Upon registration
of the order, the clerk shall promptly forward a copy to the sheriff of that county. Unless the issuing
state has already entered the order, the sheriff shall provide for prompt entry of the order into the
National Crime Information Center registry pursuant to G.S. 50B-3(d)
50B-4. Enforcement of orders(e) Upon application or motion by a party to the court, the court shall determine whether
an out-of-state order remains in full force and effect.
(f) The term "valid protective order," as used in subsections (c) and (d) of this section,
shall include an emergency or ex parte order entered under this Chapter.
(g) Notwithstanding the provisions of G.S. 1-294, a valid protective order entered pursuant
to this Chapter which has been appealed to the appellate division is enforceable in the trial court
during the pendency of the appeal. Upon motion by the aggrieved party, the court of the appellate
division in which the appeal is pending may stay an order of the trial court until the appeal is
decided, if justice so requires. (1979, c. 561, s. 1; 1985, c. 113, s. 4; 1987, c. 739, s. 6; 1989, c.
NC General Statutes - Chapter 50B 11
461, s. 2; 1994, Ex. Sess., c. 4, s. 3; 1995 (Reg. Sess., 1996), c. 591, s. 3; 1999-23, s. 2; 2002-126,
s. 29A.6(c); 2003-107, s. 3; 2009-342, s. 4; 2017-92, s. 1.)
50B-4.1. Violation of valid protective order(a) Except as otherwise provided by law, a person who knowingly violates a valid
protective order entered pursuant to this Chapter or who knowingly violates a valid protective
order entered by the courts of another state or the courts of an Indian tribe shall be guilty of a Class
(b) A law enforcement officer shall arrest and take a person into custody, with or without
a warrant or other process, if the officer has probable cause to believe that the person knowingly
has violated a valid protective order excluding the person from the residence or household
occupied by a victim of domestic violence or directing the person to refrain from doing any or all
of the acts specified in G.S. 50B-3(a)(9).
(c) When a law enforcement officer makes an arrest under this section without a warrant,
and the party arrested contests that the out-of-state order or the order issued by an Indian court
remains in full force and effect, the party arrested shall be promptly provided with a copy of the
information applicable to the party which appears on the National Crime Information Center
registry by the sheriff of the county in which the arrest occurs.
(d) Unless covered under some other provision of law providing greater punishment, a
person who commits a felony at a time when the person knows the behavior is prohibited by a
valid protective order as provided in subsection (a) of this section shall be guilty of a felony one
class higher than the principal felony described in the charging document. This subsection shall
not apply to convictions of a Class A or B1 felony or to convictions of the offenses set forth in
subsection (f) or subsection (g) of this section.
50B-4.1. Violation of valid protective order(e) An indictment or information that charges a person with committing felonious conduct
as described in subsection (d) of this section shall also allege that the person knowingly violated a
valid protective order as described in subsection (a) of this section in the course of the conduct
constituting the underlying felony. In order for a person to be punished as described in subsection
(d) of this section, a finding shall be made that the person knowingly violated the protective order
in the course of conduct constituting the underlying felony.
(f) Unless covered under some other provision of law providing greater punishment, any
person who knowingly violates a valid protective order as provided in subsection (a) of this section,
after having been previously convicted of two offenses under this Chapter, shall be guilty of a
Class H felony.
(g) Unless covered under some other provision of law providing greater punishment, any
person who, while in possession of a deadly weapon on or about his or her person or within close
proximity to his or her person, knowingly violates a valid protective order as provided in
subsection (a) of this section by failing to stay away from a place, or a person, as so directed under
the terms of the order, shall be guilty of a Class H felony.
(g1) Unless covered under some other provision of law providing greater punishment, any
person who is subject to a valid protective order, as provided in subsection (a) of this section, who
enters property operated as a safe house or haven for victims of domestic violence, where a person
protected under the order is residing, shall be guilty of a Class H felony. A person violates this
subsection regardless of whether the person protected under the order is present on the property.
(h) For the purposes of this section, the term "valid protective order" shall include an
emergency or ex parte order entered under this Chapter. (1997-471, s. 3; 1997-456, s. 27; 1999-23,
NC General Statutes - Chapter 50B 12
s. 4; 2001-518, s. 5; 2007-190, s. 1; 2008-93, s. 1; 2009-342, s. 5; 2009-389, s. 2; 2010-5, s. 1;
2015-91, s. 3.)
50B-4.2. False statement regarding protective order a misdemeanor.A person who knowingly makes a false statement to a law enforcement agency or officer that
a protective order entered pursuant to this Chapter or by the courts of another state or Indian tribe
remains in effect shall be guilty of a Class 2 misdemeanor. (1999-23, s. 5.)
Additional resources provided by the author
- Charlotte Divorce Team
- Bill Powers - Charlotte Attorney
- Family Law Team
- Child Custody
- Spousal Privilege: When Marriage Protects
- Domestic Violence Protective Orders in North Carolina
- Divorce Mediation in North Carolina
- Red Flag Laws
- How to handle Domestic Violence Charges - Assault and Assault & Battery in NC
- How are Child Abuse Cases Prosecuted in NC?
- How Can a Lawyer Help? Charlotte, NC Law Firm
- Drug Crimes