Legal Statutes: North Carolina

UPDATED October 19, 2012

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• North Carolina General Statutes (select sections)
  • Chapter 1. Civil Procedure
    • Subchapter IV. Venue
      • Article 7. Venue
        • 1‑82. Venue in all other cases
  • Chapter 1A. Rules of Civil Procedure
    • Article 2. Commencement of Action; Service of Process, Pleadings, Motions, and Orders
      • Rule 4. Process
  • Chapter 5A. Contempt
    • Article 1. Criminal Contempt
      • 5A-12. Punishment; circumstances for fine or imprisonment; reduction of punishment; other measures
  • Chapter 7B. Juvenile Code
    • Subchapter IV. Parental Authority; Emancipation
      • Article 35. Emancipation
        • 7B-3500. Who may petition
        • 7B-3503. Hearing
        • 7B-3504. Considerations for emancipation
        • 7B-3509. Application of common law
  • Chapter 14. Criminal Law
    • Subchapter III. Offenses Against the Person
      • Article 7A. Rape and Other Sex Offenses
        • 14-27.1. Definitions
        • 14-27.2. First-degree rape
        • 14-27.3. Second-degree rape
        • 14-27.4. First-degree sexual offense
        • 14-27.5. Second-degree sexual offense
        • 14-27.5A. Sexual battery
        • 14-27.7. Intercourse and sexual offenses with certain victims; consent no defense
      • Article 8. Assaults
        • 14-32.4. Assault inflicting serious bodily injury; strangulation; penalties
        • 14-33. Misdemeanor assaults, batteries, and affrays, simple and aggravated; punishments
        • 14-33.1. Evidence of former threats upon plea of self-defense
        • 14-33.2. Habitual misdemeanor assault
        • 14-34. Assaulting by pointing gun
      • Article 10 - Kidnapping and Abduction
        • 14-39. Kidnapping
        • 14-43.3. Felonious restraint
      • Article 10A. Human Trafficking
        • 14-43.11. Human trafficking
        • 14-43.12. Involuntary servitude
        • 14-43.13. Sexual servitude
    • Subchapter IV. Offenses Against the Habitation and Other Buildings
      • Article 14. Burglary and Other Housebreakings.
        • 14-52. Punishment for burglary
        • 14-53. Breaking out of dwelling house burglary
        • 14-55. Preparation to commit burglary or other housebreakings
    • Subchapter VI. Criminal Trespass
      • Article 22B. First and Second Degree Trespass
        • 14-159.12. First degree trespass
        • 14-159.13. Second degree trespass
      • Article 23. Trespasses to Personal Property
        • 14-160. Willful and wanton injury to personal property; punishments
    • Subchapter VII. Offenses Against Public Morality and Decency
      • Article 26. Offenses Against Public Morality and Decency
        • 14-196. Using profane, indecent or threatening language to any person over telephone; annoying or harassing by repeated telephoning or making false statements over telephone
        • 14-196.3. Cyberstalking
    • Subchapter IX. Offenses Against the Public Peace
      • Article 35. Offenses Against the Public Peace
        • 14-277.1. Communicating threats
        • 14-277.3A. Stalking
    • Subchapter XI. General Police Regulations
      • Article 39. Protection of Minors
        • 14-320.1. Transporting child outside the State with intent to violate custody order
      • Article 40. Protection of the Family
        • 14-322. Abandonment and failure to support spouse and children
      • Article 53B. Firearm Regulation
        • 14-409.39. Definitions
  • Chapter 42. Landlord and Tenant
    • Article 5. Residential Rental Agreements
      • 42-42.2. Victim protection - nondiscrimination
      • 42-42.3. Victim protection - change locks
      • 42-45.1. Early termination of rental agreement by victims of domestic violence, sexual assault, or stalking
  • Chapter 50. Divorce and Alimony
    • Article 1. Divorce, Alimony, and Child Support, Generally
      • 50-5.1. Grounds for absolute divorce in cases of incurable insanity
      • 50-6. Divorce after separation of one year on application of either party
      • 50-7. Grounds for divorce from bed and board
      • 50-8. Contents of complaint; verification; venue and service in action by nonresident; certain divorces validated
      • 50-13.1. Action or proceeding for custody of minor child
      • 50-13.2. Who entitled to custody; terms of custody; visitation rights of grandparents; taking child out of State
      • 50-13.2A. Action for visitation of an adopted grandchild
      • 50-13.3. Enforcement of order for custody
      • 50-13.4. Action for support of minor child
      • 50-13.5. Procedure in actions for custody or support of minor children
      • 50-13.6. Counsel fees in actions for custody and support of minor children
      • 50-13.7. Modification of order for child support or custody
      • 50-13.7A. Custody and visitation upon military temporary duty, deployment, or mobilization
      • 50-13.9. Procedure to insure payment of child support
      • 50-13.11. Orders and agreements regarding medical support and health insurance coverage for minor children
      • 50-13.12. Forfeiture of licensing privileges for failure to pay child support or for failure to comply with subpoena issued pursuant to child support or paternity establishment proceedings
  • Chapter 50A Uniform Child-Custody Jurisdiction and Enforcement Act
    • Article 2. Uniform Child-Custody Jurisdiction and Enforcement Act
      • 50A-102. Definitions
      • 50A-201. Initial child-custody jurisdiction
      • 50A-204. Temporary emergency jurisdiction
      • 50A-207. Inconvenient forum
  • Chapter 50B. Domestic Violence
    • 50B-1. Domestic violence; definition
    • 50B-2. Institution of civil action; motion for emergency relief; temporary orders; temporary custody
    • 50B-3. Relief
    • 50B-3.1. Surrender and disposal of firearms; violations; exemptions
    • 50B-4. Enforcement of orders
    • 50B-4.1. Violation of valid protective order
    • 50B-4.2. False statement regarding protective order a misdemeanor
    • 50B-5. Emergency assistance
    • 50B-5.5. Employment discrimination unlawful
    • 50B-6. Construction of Chapter
    • 50B-7. Remedies not exclusive
    • 50B-8. Effect upon prosecution for violation of sec. 14-184 or other offense against public morals
    • 50B-9. Domestic Violence Center Fund
  • Chapter 50C. Civil No-Contact Orders
    • 50C-1. Definitions
    • 50C-2. Commencement of action; filing fees not permitted; assistance
    • 50C-3. Process for action for no-contact order
    • 50C-4. Hearsay exception
    • 50C-5. Civil no-contact order; remedy
    • 50C-6. Temporary civil no-contact order; court holidays and evenings
    • 50C-7. Permanent civil no-contact order
    • 50C-8. Duration; extension of orders
    • 50C-9. Notice of orders
    • 50C-10. Violation
    • 50C-11. Remedies not exclusive
  • Chapter 52C. Uniform Interstate Family Support Act
    • Article 3. Civil Provisions of General Application
      • 52C-3-307. Duties of support enforcement agency
      • 52C-3-308. Representation of obligee
      • 52C-3-311. Nondisclosure of information in exceptional circumstances
      • 52C-3-312. Costs and fees
    • Article 5. Enforcement of Order of Another State Without Registration
      • 52C-5-507. Administrative enforcement of orders
    • Article 6. Enforcement and Modification of Support Order After Registration
      • Part 1. Registration and Enforcement of Support Order
        • 52C-6-602. Procedure to register order for enforcement
      • Part 3. Registration and Modification of Child Support Order
        • 52C-6-611. Modification of child support order of another state
  • Chapter 110. Child Welfare
    • Article 9. Child Support
      • 110-130.1. Non-Work First services

Chapter 50B. Domestic Violence

back to top50B-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 A1 misdemeanor.


(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 a person who is charged with or convicted of a Class A or B1 felony or to a person charged under subsection (f) or subsection (g) of this section.


(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.