North Carolina takes the crime of domestic violence seriously, and the consequences of conviction can be severe. Here’s what you need to know about the law, as well as what you can do if you’ve been charged with violating it.
What Qualifies as Domestic Violence?
In North Carolina, domestic violence is not limited to physical harm. The law defines it as acts against someone in a current or former “personal relationship.” These acts can include:
- Bodily injury or attempts to cause bodily injury
- Sexual offenses
- Threats that cause fear of imminent bodily injury
- Continued harassment leading to substantial emotional distress
Who Does the Law Protect?
The law protects individuals in various types of relationships, including:
- Current or former spouses
- People who live together or have lived together
- Those in dating relationships or former dating relationships
- Parents and children
- Grandparents and grandchildren
- People who have a child in common
It is worth noting that these protections extend to same-sex couples as well.
Criminal Charges and Penalties
When someone commits an act of domestic violence, they may face various criminal charges. The specific charge often depends on the nature and severity of the act. Some common charges include:
- Misdemeanor Domestic Violence – This charge applies when someone uses or attempts to use physical force against a person in a qualifying relationship. It can result in up to 150 days in jail.
- Assault – Depending on the circumstances, assault charges in domestic violence cases can range from misdemeanors to serious felonies. Factors like the use of a weapon or the extent of injuries can increase the severity of the charge.
- Violation of a Protective Order – If a court has issued a Domestic Violence Protective Order (DVPO), violating its terms is a crime. The first offense is typically a misdemeanor, but repeated violations or those involving weapons can lead to felony charges.
Additional Consequences
Beyond criminal penalties, individuals convicted of domestic violence crimes may face other consequences:
- Firearm Restrictions – Both state and federal laws can prohibit individuals convicted of domestic violence from possessing firearms.
- Child Custody Impact – A history of domestic violence can significantly affect child custody decisions in family court.
- Employment Difficulties – Many employers conduct background checks, and a domestic violence conviction can make finding employment challenging.
- Housing Issues – Landlords may be hesitant to rent to individuals with domestic violence convictions on their records.
Protective Orders
Victims of domestic violence can turn to the courts for protection. A Domestic Violence Protective Order (DVPO) can:
- Prohibit the alleged abuser from contacting or coming near the victim
- Require the alleged abuser to leave a shared home
- Address temporary child custody and support
- Order the surrender of firearms
Violating a DVPO is a separate crime and can result in immediate arrest.
Contact Greenwood Law Today
The potential consequences of a domestic violence conviction are severe. An experienced attorney can help you understand your rights, explore your options, and work toward the most favorable possible outcome for your case.
At Greenwood Law, we understand the complexities of domestic violence cases. Our Winston-Salem team can provide the robust advocacy and attention to detail you need during this challenging time. Contact us today to discuss how we can assist you.