Domestic Violence Charges in Union County, NC: What Happens After an Arrest?
If you have been arrested for a domestic violence-related offense in Union County, North Carolina, what happens in the first hours and days of your case can have a significant impact on what comes next. From restrictions on contact with the alleged victim to court appearances in Monroe, these cases can move quickly. Understanding the process, and your rights, is an important first step.
At Jetton & Meredith, our criminal defense attorneys represent clients facing domestic violence charges throughout Union County, including Monroe, Waxhaw, Weddington, Marvin, Stallings, Indian Trail, and surrounding communities.
What Is Considered a Domestic Violence Case in North Carolina?
“Domestic violence” can describe a number of different legal situations in North Carolina. Depending on the allegations, someone may face criminal charges such as assault, communicating threats, stalking, or other offenses involving a spouse, former spouse, dating partner, or certain other qualifying relationships.
A domestic dispute can also lead to a separate civil proceeding involving a Domestic Violence Protective Order, commonly referred to as a DVPO or 50B/50C order.
That means one incident can sometimes result in more than one legal issue.
What Happens After a Domestic Violence Arrest in Union County?
After an arrest involving certain domestic violence allegations, North Carolina has specific rules governing pretrial release.
Under N.C.G.S. § 15A-534.1, a judge generally determines the conditions of pretrial release for covered domestic violence offenses. Those conditions can include requirements to stay away from the alleged victim's home, school, workplace, or other locations and restrictions on contact.
The statute permits a defendant to be held for up to 48 hours without a judge making that determination. This does not mean every person charged with domestic violence automatically spends 48 hours in jail.
Because these restrictions can affect where you live, who you can contact, and sometimes your ability to see family members, it is important to understand exactly what your release conditions say before leaving custody.
Can the Alleged Victim Drop Domestic Violence Charges?
One of the most common questions we hear is:
“What if the other person doesn't want to press charges anymore?”
Once criminal charges have been filed, the alleged victim generally does not have unilateral authority to dismiss the criminal case. The prosecution determines how the case proceeds.
That can be frustrating in situations where an argument escalated, law enforcement became involved, and both parties later want to move forward.
A criminal defense attorney can examine the evidence and circumstances surrounding the allegations rather than relying solely on whether the parties have reconciled.
What Evidence Matters in a Union County Domestic Violence Case?
Domestic violence cases are highly fact-specific.
Depending on the allegations, evidence may include:
911 calls
Body-camera footage
Photographs
Text messages and social media messages
Witness statements
Medical records
Surveillance or doorbell-camera footage
Statements made to police
Prior communications between the parties
The circumstances leading up to the incident can also matter. A defense attorney may examine whether the evidence supports the allegations, whether statements are consistent, whether self-defense is an issue, and whether there is additional evidence that provides context for what occurred.
What If a 50B Protective Order Is Also Filed?
Criminal charges and a Domestic Violence Protective Order are separate proceedings.
A 50B order can potentially restrict contact between the parties and address issues including possession of a residence, temporary custody, visitation, firearms, and other matters.
If you are served with a temporary or ex parte protective order, follow the order exactly, even if the other person contacts you first.
Violating a valid protective order can result in additional criminal charges.
Where Are Union County Domestic Violence Cases Handled?
Cases arising from communities throughout Union County — including Monroe, Waxhaw, Weddington, Marvin, Stallings, and Indian Trail — may require appearances in the Union County court system in Monroe.
Having an attorney familiar with handling criminal cases in Union County can help you understand the local court process and what to expect as your case moves forward.
Facing Domestic Violence Charges in Union County?
A domestic violence accusation can affect far more than a single court date. Depending on the circumstances, it can affect your freedom, family relationships, employment, firearm rights, and reputation.
Attorney Michael Fanous is a Union County native who was born and raised in Weddington and focuses a significant portion of his criminal defense practice on representing clients in Union County.
Our criminal defense team represents individuals in Monroe, Waxhaw, Weddington, Marvin, Stallings, Indian Trail, and throughout Union County facing domestic violence charges and related criminal matters.
If you have been arrested, charged, or believe you may be under investigation, contact Jetton & Meredith to discuss your situation with a Union County criminal defense attorney.
Frequently Asked Questions
Do I automatically stay in jail for 48 hours after a domestic violence arrest in NC?
No. North Carolina law allows a defendant in certain domestic violence cases to be held for up to 48 hours while awaiting a judge's determination of pretrial release conditions, but it does not impose an automatic 48-hour jail stay in every case.
Can I contact the alleged victim after I am released?
That depends on your release conditions and whether a protective order exists. Read your court paperwork carefully and do not violate any no-contact or stay-away provisions.
Where will my Union County domestic violence case be heard?
Union County criminal court matters are handled through the Union County court system in Monroe.
Should I speak with an attorney before my first court date?
Speaking with an attorney early gives your defense team more time to review the allegations, preserve potential evidence, and explain your release conditions and upcoming court proceedings.