What Qualifies as Domestic Violence in NC?

Under Chapter 50B of the North Carolina General Statutes, domestic violence involves acts committed by someone in a personal relationship with the victim—such as a current/former spouse, cohabitant, parent, child, roommate, or dating partner—against an “aggrieved party” or their minor child. These acts include:

1. Attempting or intentionally causing bodily injury
2. Placing someone in fear of imminent serious harm or ongoing harassment causing substantial emotional distress
3. Committing offenses under related statutes (e.g., assault, stalking, communicating threats)

Criminal Charges Associated with Domestic Violence

While there's no single "domestic violence offense," NC prosecutes such acts under various statutes when they occur within qualifying relationships:

🟠 Misdemeanor Domestic Violence – G.S. 14‑32.5

• Classified as a Class A1 misdemeanor—the most severe misdemeanor in NC.
• Punishable by up to 150 days in jail 
• Often charged when someone inflicts injury or places the victim in fear.

🔴 Assault on a Female – Class A1 misdemeanor

• Occurs when an adult male assaults a female (simple assault)
• Sentencing can range 60 to 150 days if convicted.

🟤 Simple Assault

• The least severe assault charge (e.g. threat or minor contact)
• Becomes a domestic offense when within a qualifying relationship

🔴 Assault with a Deadly Weapon (Firearm, knife, etc.)

• If no serious injury: Class A1 misdemeanor
• With serious injury or intent to kill:
• Class E felony (15–31 months sentence)
• Class C felony if both intent and serious injury present (44–98 months)

⚫ Assault by Strangulation – Class H felony

• Applies when choking causes physical injury
• Carries 4–25 months in prison 

Other Related Offenses

• Stalking, communicating threats, interfering with 911, violating a DV protective order, domestic trespass, property damage 

🔐 Pretrial Release & Bond Procedures

• Domestic violence charges trigger special rules:
• Bond must be set by a judge—not a magistrate—if arrest occurs for assault, stalking, threat or protective order violations within 48 hours 
• These rules aim to protect victims and ensure timely judicial review.

⚖️ Civil Remedies: Protective Orders

Separately from criminal charges, victims can seek a Domestic Violence Protective Order (DVPO) under Chapter 50B ("50B order"):

• Grants no-contact rules, firearms removal, and potential relocation assistance
• Typically lasts one year and is renewable
• Violation of a DVPO is itself a criminal misdemeanor.

Note: As of January 2021, NC courts must provide equal DVPO protections to same-sex couples too.

🧑‍⚖️ Felony Enhancements & Repeat Offenders

• Felony charges may apply for serious bodily injury or repeated violations of protective orders
• Prior convictions often lead to harsher sentencing and less favorable bail terms 

Summary Table

🧭 Why It Matters

• Dual track system: Criminal prosecution and DVPOs run independently
• Long-term impact: Convictions affect housing, employment, firearm rights
• Urgent consequences: Immediate judicial intervention and serious penalties underscore NC’s strong stance against domestic violence

🔍 What to Do If You’re Accused or a Victim of Domestic Violence in NC

• Being involved in a domestic violence case—whether as the accused or the alleged victim—can have life-changing consequences. If you are accused, do not contact the alleged victim, even to “clear things up.” Violating a protective order or engaging in unwanted communication can result in new charges and make it harder to defend your case. Instead, speak with a criminal defense attorney experienced in domestic violence law in North Carolinaas soon as possible.
• For victims, help is available. You can file for a 50B protective orderat your local courthouse—often the same day—and law enforcement can assist you with serving the order. Shelters, counseling services, and legal aid organizations across the state provide confidential support.
• Whether you need protection or defense, navigating the legal system alone is risky. Experienced legal representation ensures your rights are protected and that your side of the story is heard in court.