North Carolina Domestic Violence Laws

Nobody wants to think about experiencing domestic violence, but knowing your options ahead of time can be a tremendous help. In this article, we’ll explain North Carolina‘s definition of domestic violence, alert you to the protections and programs available for victims, and prepare you for navigating the legal system. Read on for a better understanding of domestic violence laws in North Carolina.

North Carolina Domestic Violence Laws: The Basics

For a crime to have domestic violence status in North Carolina, two elements are required. Certain crimes committed by certain people equal domestic abuse. Let’s take a closer look at each aspect.

Domestic Violence in North Carolina: Personal Relationships

There is no such thing as a domestic violence crime between strangers. Domestic violence offenses involve familiarity between the participants, referred to as a personal relationship. While a common perception of domestic violence is that of physical assault between spouses, the list of potential abusers and victims is far more extensive.

While the name suggests sharing a home, that’s not a requirement for all eligible relationships. If a qualifying abusive act is involved, people sharing one of the following relationships can engage in a domestic violence crime:

• Spouses or former spouses
• People with a child in common
• Parents and children (minor children must be over the age of 16 to have a DVPO against them)
• Grandparents and grandchildren
• People dating one another
• People who have dated one another
• People of opposite sexes who live together or have lived together
• Current or former household members
• Guardians and stepparents of children

Same‑sex partners may be eligible if they fit into one of the listed categories (such as spouses, former spouses, having lived together, or having a child in common), and there are ongoing constitutional challenges to the exclusion of same‑sex dating partners.

A crime that lacks a qualifying relationship is still a crime and remains subject to prosecution. The same protections aren’t available, but non-domestic violence victims have options as well.

Domestic Violence in North Carolina: Abusive Acts

Domestic violence offenses focus on gaining and maintaining power and control over the victim. An abuser wants to dominate every aspect of their victim’s life. This is accomplished through different types of domestic violence that range from coercion to financial abuse.

Through a cycle of fear, abuse, intimidation, and violence, abusers attempt to keep their victims helpless and hopeless. The following categories cover abusive acts considered domestic violence in North Carolina if certain people are involved:

• Causing a bodily injury on purpose
• Attempting to cause a bodily injury
• Any sexual offense, including:
  • Rape
  • Sexual assault
  • Statutory rape
• Causing fear of imminent serious bodily injury
• Causing fear by continued harassment that inflicts substantial emotional distress on the victim
• Torment

Threatening behavior is considered as much of a domestic violence crime as any physical assault or sexual offense. For example, leaving notes for a victim detailing punishments for anything the abuser disapproves of is domestic violence. The abuser doesn’t have to follow through. The threat is enough.

North Carolina doesn’t have separate criminal offenses for acts of domestic violence. However, prior convictions can affect sentences. Victims also gain access to domestic violence protective orders (DVPO) and other specific programs. Crimes committed in violation of a DVPO may be subject to enhanced penalties.

North Carolina Domestic Violence Laws: Protective Orders and Violations

Having an abuser imprisoned offers maximum safety for a victim, but that might not be available or only serve as a temporary relief. North Carolina domestic violence protective orders (DVPOs) offer a means of shielding victims through deterrence. The court orders aren’t perfect, as an abuser can choose to ignore them. Restraining orders in North Carolina carry serious penalties, so they do so at their peril.

If you’ve suffered domestic abuse or are in fear of imminent domestic abuse, call 911. Law enforcement personnel receive special training for domestic calls. This includes informing the victim of local shelters, explaining important domestic violence services, and supplying transportation if needed.

Also known as a 50B Order, a DVPO tells abusers what they can and cannot do concerning their victims. While the basic process to apply for a DVPO is similar, some courts in North Carolina separate the criminal and civil aspects of domestic violence cases and orders. There are also differences in emergency orders. Check with your local courthouse to see how your county handles it.

You (plaintiff) can file for a DVPO through a domestic violence advocate or at your courthouse. Forms are available online for you to complete in advance. Some counties have a magistrate to contact for emergency orders if the court is closed. Check with your domestic violence advocate. If not, call 911 if you’re in danger.

Whether in person at the courthouse or via video conferencing through an advocate, your petition is reviewed by a judge or a magistrate. They may have questions for you. If the court agrees that domestic violence has occurred or is a threat, an ex parte temporary protective order is issued. Ex parte means that the court doesn’t need to speak with your abuser (defendant) before issuing the order.

The temporary DVPO goes into effect once the defendant is served with the order. This is usually done by the sheriff’s department, but check with your advocate/court. It lasts for either 10 days total, seven days from when it’s served, or until your full court hearing. The DVPO will contain provisions tailored to your case. Some common conditions include:

• Ordering the defendant (abuser) to cease:
  • • Abusing the plaintiff
    • Following the plaintiff
    • Threatening the plaintiff
    • Harassing the plaintiff
• Ordering a party to surrender all firearms for the duration of the order
• Ordering the defendant to obey a no-contact order with the plaintiff
• Ordering the defendant to vacate a shared residence and not return
• Ordering the defendant to provide the plaintiff with a suitable alternate residence
• Awarding temporary custody of minor children and establishing temporary visitation rights
• Ordering payments for the support of a minor child
• Ordering spousal support payments
• Determining possession of personal property of the parties
• Determining custody of any shared domestic animals
• Forbidding the defendant from abusing or harming any formerly shared domestic animals
• Awarding attorney’s fees to either party
• Ordering the defendant to attend and complete an approved abuser treatment program

This is not an exhaustive list, and not all provisions are used on every DVPO. For example, people who are only dating won’t need a custody ruling.

If the defendant chooses to oppose the court order, you’ll both state your cases at the full court hearing. You can show evidence and have witnesses testify. If the court feels the threat of domestic violence occurred or the threat remains, a final domestic violence protection order is issued. Conditions from the temporary DVPO can be amended or new provisions added.

The final DVPO can generally last up to one year.​ The court may renew the order for additional fixed terms of up to two years at a time if the protected party files a motion before the order expires and the judge finds good cause to extend it. There is no limit to the number of renewals, but temporary custody granted in a DVPO may not be extended beyond a total of one year, even if the rest of the order is renewed. Any DVPO issued in North Carolina is good anywhere in the United States under federal law, as long as it also complies with federal requirements.

For a DVPO to work, the victim needs to call law enforcement any time the abuser either violates or threatens to violate the order. Penalties include possible jail time for any violation:

• First or second violation (Class A1 misdemeanor): Up to 150 days in jail
• Third or subsequent violation OR entering a safe house/shelter OR in possession of a deadly weapon during a DVPO violation (Class H felony): Between four and 24 months imprisonment

These penalties are in addition to any sentences imposed for crimes that were part of the violation. Any felonies committed have their punishments enhanced by one class. For example, second-degree forceable rape is a Class C felony. If committed as part of a DVPO violation, it would become a Class B2 felony instead.

Knowing which restraining order you need can be complex and confusing. FindLaw’s North Carolina Protective Orders Laws article offers what you need to know about restraining orders.

North Carolina Domestic Violence Laws: Other Programs and Options

Victims who flee their abusers can get help keeping their new location hidden. The North Carolina Address Confidentiality Program (ACP) protects their safety by issuing victims a second legal address used for public records. First-class mail is forwarded to the victim’s locations. There’s no cost for this program.

Penalties for breaking a lease shouldn’t deter a victim from escaping their abuser. Under North Carolina law, victims of domestic violence, sexual assault, or stalking are considered protected tenants and can make a legal break of a lease by giving the landlord written notice that provides a specific termination date at least 30 days after the landlord receives the notice. Documentation like a DVPO, criminal order, or ACP card should also be provided, along with a safety plan in certain cases. The tenant must still pay rent through the effective termination date.

If the victim meets all requirements, the landlord may not charge an early‑termination fee or other penalty solely for ending the lease because of domestic violence. There’s no penalty for breaking the lease, as long as the victim is up-to-date on their rent payments.

You can recover expenses resulting from the actions of your abuser by suing them in civil court to recover damages. This includes medical bills, pain and suffering, and lost wages. Having a North Carolina family law attorney on your side is a great idea if you decide to sue.

North Carolina Domestic Violence Laws: Helpful Resources

• North Carolina Victim Assistance Network
• North Carolina Coalition Against Domestic Violence
• North Carolina Court Locator
• Statewide Automated Victim Assistance and Notification System (SAVAN)
• National Domestic Violence Hotline 1-800-799-SAFE (7233)
• Domestic Violence FAQ

Dealing With Domestic Violence Issues in North Carolina? An Attorney Can Help

No dating relationship should include a physical injury, attempted strangulation, or even simple assault. If you’ve suffered any crime of domestic violence from a family member or intimate partner, call 911. When it’s time to escape your abuser, consider meeting with a North Carolina domestic violence attorney.

If you’re facing domestic violence charges, speak with a North Carolina criminal defense attorney. They can examine the criminal charges by the alleged victim, explain your options, and try to help you avoid a domestic violence conviction.