Asked in Criminal Law and Domestic Violence for North Carolina

Q: In a domestic violence case the judge orders the defendant to not have contact with the victim and is sentenced, but

Then the defendant and victim get married can this no contact order be amended by the judge?

1 Lawyer Answer

Bill Powers

PREMIUM
Answered
  • Criminal Law Lawyer
  • Charlotte, NC
  • Licensed in North Carolina

A: GREAT QUESTION, more information would be helpful.

Domestic Violence cases in North Carolina can be a bit complicated. That's because there are aspects of such cases that touch more than one branch of the judicial system.

For example, it's not unusual to see Criminal charges such as Assault, Assault on Female, Communicating Threats, and Interference with 911 Communications that relate to Domestic Violence allegations.

If someone is convicted of those types of cases, as part of a Suspended Sentence and/or Probation, the Court may Order there be no contact by the Defendant.

A violation of such a term, or any other term of the Judgment, like a requirement to get an alcohol assessment, anger management treatment, or community service, could result in activation of the suspended jail sentence.

For more info on Criminal sentencing in North Carolina, see: https://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_15a/gs_15a-1340.23.html

At the same time, Domestic Violence cases can also involve a Civil Proceeding referred to as 50B.

That term, "50B" comes from the North Carolina General Statute relating to Domestic Violence, see: https://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_50b.html

Violating an Order pursuant to an 50B Domestic Violence Restraining Order can be, in-and-of-itself, a Criminal offense. It too can be a bit complicated.

So, because of the complexity, it makes sense to take a look at the respective legal filings in the case, the Order(s), and then determine the most appropriate manner in which to proceed. Sometimes the smart thing to do is wait for the natural expiration of the Order and comply with all the requirements until that term expires.

There are times the Court could Order or otherwise allow changes to the protective Order. It can be a delicate process.

Many criminal defense attorneys will provide a FREE, confidential consultation on such matters.

Again, great question. Best advice: Talk to an experienced attorney ASAP.

Bill Powers

CarolinaAttorneys.com

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