North Carolina Domestic Violence Laws
In North Carolina victims of domestic violence are protected by both civil and criminal laws. Domestic violence can be physical, emotional or sexual or financial. Certain types of harassment or emotional abuse can happen through all types of communication, including written, telephone, fax, e-mail, or voicemail.
- A person commits domestic violence by doing one or more of the following acts against a person with whom the offender shares or shared a personal relationship, or against the minor child of such a person:
- Attempting to or intentionally causing bodily injury;
- Placing someone or a member of someone’s family or household in fear of imminent serious bodily injury;
- Committing a sexual offenses such as rape;
- Placing someone in fear of continued harassment that is so bad it inflicts substantial emotional distress on the victim;
- Conduct that torments, terrorizes, or terrifies a person.
Victims of domestic violence can apply for a Domestic Violence Protective Order, which is a civil court order signed by a judge that offers protection to victims.
Most criminal domestic violence cases in North Carolina are prosecuted through general criminal statutes, not specific domestic violence laws. Any crime can be an act of domestic violence if perpetrated in a domestic violence context.
If a judge determines a "personal relationship" exists between the persons involved, he or she can impose special terms of probation such as requiring the defendant to undergo medical or psychiatric treatment and remain in a specified institution if necessary for such treatment, attend or reside in a facility that provides rehabilitation, counseling, treatment, training, or residence for people on probation, successfully complete a Drug Treatment Court Program, abstain from consuming alcohol and submit to continuous alcohol monitoring, and require the defendant to remain at home except for specified purposes, such as employment or school.
What Protections Are Available In Addition to Criminal Prosecution?
There are several remedies and legal protections available for victims of domestic violence in North Carolina. These may include:
- Address Confidentiality Program: Victims can conceal their address from abusers;
- Civil lawsuit: The victim may file a civil lawsuit to recover losses and expenses such as medical bills or pain and suffering damages; and
- Custody/child or spousal support orders: These may be modified to prevent any further incidence of violence between spouses, children, or other persons.
|Code Sections||NCGS § 50B-1 et. seq.|
|What Protections are Available?||
Civil and Criminal
|What is Prohibited?||
•Attempting to or intentionally causing bodily injury;
|Personal Relationship Requirement||
|Common Misdemeanor DV Crimes||• Assault on a FemaleCommunicating Threats
• Assault by Pointing a Gun
• Domestic Criminal Trespass
• Harassing Phone Calls
• Injury to Pregnant Woman
• Injury to Personal Property
• Assault Inflicting Serious Injury
• Assault with a Deadly Weapon
• Stalking (Can be a felony in some situations)
• Interference with Emergency Communication
• Violation of a Protective Order (Can be a felony in some situations)
• Assault in the Presence of a Child
• Sexual Battery
|Common Felony DV Crimes||
*Factors such as prior offenses or history of domestic violence help determine the severity of the punishment. Sentence may also include a restraining or protective order.*
|Types of Protective Orders Available||DVPO|
- National Domestic Violence Hotline1-800-799-SAFE (7233)
Because domestic laws can sometimes get complicated, it may also be a good idea to consult an experienced North Carolina domestic violence lawyer if you have questions about your specific situation.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.