Crime of Domestic Violence in North Carolina

Domestic violence has long been a serious issue across North Carolina, and lawmakers have taken steps over the years to strengthen protections for victims and improve how these cases are handled in the legal system.

Historically, victims had access to civil remedies, but criminal charges for domestic violence were often more difficult to prove or prosecute. In 1979, the North Carolina Domestic Violence Act was passed and codified in Chapter 50B of the North Carolina General Statutes. This law created civil protections for victims, including temporary protective orders, restraining orders, and emergency child custody arrangements.

Over time, the law has continued to evolve. In 2023, the North Carolina General Assembly created a new criminal offense specifically addressing domestic violence, giving prosecutors an additional tool to charge individuals who commit acts of violence against people with whom they have a personal relationship.

Below, we explain how the North Carolina crime of domestic violence works, what conduct is covered, and what penalties may apply.

What Is the Crime of Domestic Violence in North Carolina?

Under N.C.G.S. § 14-32.5, a person may be charged with the crime of domestic violence if they:

1. Use or attempt to use physical force against another person, or

2. Threaten to use a deadly weapon against another person

AND

3. The alleged victim has a qualifying personal relationship with the accused.

This statute was designed to address violence occurring between individuals who share a close personal or domestic relationship.

Relationships Covered Under the Domestic Violence Law

For the criminal offense of domestic violence to apply, the defendant must have one of the following relationships with the alleged victim:

• A current or former spouse

• A parent or guardian of the victim

• A person who shares a child in common with the victim

• Someone who currently lives with or previously lived with the victim as a spouse, parent, or guardian

• A person similarly situated to a spouse, parent, or guardian

• Someone in a current or recent dating relationship with the victim

The existence of one of these relationships is a key element of the charge.

Penalties for Domestic Violence in North Carolina

The criminal offense of domestic violence under N.C.G.S. § 14-32.5 is classified as a Class A1 misdemeanor.

If convicted, a person may face:

• Up to 150 days in jail

• Probation or supervised release

• Court-ordered conditions such as counseling or treatment programs

It is important to note that even an attempt to use force or a threat involving a deadly weapon may result in charges, even if no physical injury occurred.

Firearm Surrender Requirements in Domestic Violence Cases

North Carolina law also includes provisions designed to enhance victim and community safety.

Under N.C.G.S. § 50B-3.1, individuals accused of domestic violence may be required to surrender any firearms, ammunition, and permits while the case is pending. This requirement can apply even before a final determination of guilt, including during the ex parte protective order period.

The purpose of this provision is to reduce the risk of further harm to victims and the surrounding community.

Legal Help for Domestic Violence Charges in Charlotte, NC

Domestic violence allegations are serious and can have lasting consequences for everyone involved. Whether you have been charged with domestic violence or are seeking protection as a victim of domestic violence, it is important to speak with an experienced attorney who understands North Carolina law.

The attorneys at Jetton & Meredith, PLLC have extensive experience handling domestic violence cases in Charlotte and throughout Mecklenburg County and the surrounding areas. Our team approaches these matters with both legal skill and compassion, recognizing the sensitive and complex nature of these situations.

If you need legal assistance with a domestic violence case, contact Jetton & Meredith today at 704-333-1114 to discuss your situation.

We proudly serve clients throughout Mecklenburg, Cabarrus, Union, Iredell, and Gaston counties.