§ 50B-4.1. Violation of valid protective order. - North Carolina Statutes

§ 50B‑4.1.  Violation ofvalid protective order.

(a)        Except as otherwiseprovided by law, a person who knowingly violates a valid protective orderentered pursuant to this Chapter or who knowingly violates a valid protectiveorder entered by the courts of another state or the courts of an Indian tribeshall be guilty of a Class A1 misdemeanor.

(b)        A law enforcementofficer shall arrest and take a person into custody, with or without a warrantor other process, if the officer has probable cause to believe that the personknowingly has violated a valid protective order excluding the person from theresidence or household occupied by a victim of domestic violence or directingthe person to refrain from doing any or all of the acts specified in G.S. 50B‑3(a)(9).

(c)        When a lawenforcement officer makes an arrest under this section without a warrant, andthe party arrested contests that the out‑of‑state order or theorder issued by an Indian court remains in full force and effect, the partyarrested shall be promptly provided with a copy of the information applicableto the party which appears on the National Crime Information Center registry bythe sheriff of the county in which the arrest occurs.

(d)        Unless coveredunder some other provision of law providing greater punishment, a person whocommits a felony at a time when the person knows the behavior is prohibited bya valid protective order as provided in subsection (a) of this section shall beguilty of a felony one class higher than the principal felony described in thecharging document. This subsection shall not apply to a person who is chargedwith or convicted of a Class A or B1 felony or to a person charged undersubsection (f) or subsection (g) of this section.

(e)        An indictment orinformation that charges a person with committing felonious conduct asdescribed in subsection (d) of this section shall also allege that the personknowingly violated a valid protective order as described in subsection (a) ofthis 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 thissection, a finding shall be made that the person knowingly violated theprotective order in the course of conduct constituting the underlying felony.

(f)         Unless coveredunder some other provision of law providing greater punishment, any person whoknowingly violates a valid protective order as provided in subsection (a) ofthis section, after having been previously convicted of two offenses under thisChapter, shall be guilty of a Class H felony.

(g)        Unless coveredunder 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 withinclose proximity to his or her person, knowingly violates a valid protectiveorder as provided in subsection (a) of this section by failing to stay awayfrom a place, or a person, as so directed under the terms of the order, shallbe guilty of a Class H felony.

(h)        For the purposes ofthis section, the term "valid protective order" shall include anemergency or ex parte order entered under this Chapter.  (1997‑471, s. 3; 1997‑456,s. 27; 1999‑23, s. 4; 2001‑518, s. 5; 2007‑190, s. 1; 2008‑93,s. 1; 2009‑342, s. 5; 2009‑389, s. 2.)