Wake County Domestic Violence Protection Order Violation charge dismissed.
Client was charged with violating a Chapter 50B protection order through telephonic contact with the protected party. The allegation was that they communicated with the protected party through one of their children. The actual situation was, of course, more complicated than that. The actual protection order was only in place on a temporary (10-day) basis and was allowed to lapse after that, and the alleged victim waited roughly 24 hours to report the allegation. There were other issues involved in the case, but when the complaining witness did not appear in court despite being subpoenaed, we objected to the State's motion for a continuance, explaining the serious disruption of our client's life that would result from further delay of the case, and explaining that we were fully prepared to try the case that day. After giving the prosecution the opportunity to contact the witness, the Court denied the motion and the State opted to dismiss the case.
DVPO cases can range from allegations of willful and malevolent harassment to relatively innocuous. People can find themselves as defendants despite communication initiated by the protected party! No hostile contact is required to violate a protection order, and a conviction can have life changing consequences. These cases can be difficult to defend, and require an individualized analysis. All that is required is a knowing violation of one of the terms of a valid protection order, and a temporary 10-day Order can be obtained pretty easily based on one-sided allegations.
We offer free consultation regarding criminal allegations, and can help with an outstanding Order for Arrest, Warrant, or pending investigation. Give us a call to discuss your case.
Practice area(s): Criminal Defense
Court: Wake County District Court