North Carolina Spousal Abuse Laws

In North Carolina, spousal abuse falls under the state’s domestic violence laws and covers abuse between current, separated, or former spouses. Courts can issue Domestic Violence Protective Orders (DVPOs) when a spouse intentionally causes or attempts to cause bodily injury, places the other in fear of imminent serious injury, engages in continued harassment causing substantial emotional distress, commits sexual offenses, or otherwise terrorizes or torments the spouse. DVPOs can order no contact, require the abuser to move out, surrender firearms, attend treatment, and set temporary child custody, visitation, and support. Violations are crimes (typically a Class A1 misdemeanor, elevated to a Class H felony for repeat or aggravated violations such as possessing a deadly weapon). Emergency ex parte orders can be issued quickly and are enforceable statewide and across the U.S.

This article will answer questions about spousal abuse in North Carolina. FindLaw’s North Carolina Domestic Laws article offers an overview of the laws and protections for all aspects of domestic violence, including spousal abuse.

What’s the difference between spousal abuse and domestic violence?

Under North Carolina law, spousal abuse is a part of domestic violence and covers people in a personal relationship. This includes:

• Current or former spouses
• Persons of the opposite sex who live together or have lived together
• Parents and children
• Persons who have a child in common
• Current or former household members
• Persons in a dating relationship

This applies to all spouses, including those in or who were in same-sex marriages. Amendment 1 outlawed same-sex marriage in North Carolina in 2012, but was overruled by both Synod v. Cooper and Obergefell v. Hodges. Spouses need not live together to be covered.

What criminal acts are considered spousal abuse?

Spousal abuse focuses on control and power. The abuser in the relationship uses different types of domestic violence to keep the victim in a powerless position. These include emotional abuse, coercion, financial abuse, and manipulation.

Certain abusive acts qualify as domestic violence when committed between those who are married or were married. The following acts and categories are considered spousal abuse:

• Sexual offenses including rape and sexual assault
• Causing bodily injury on purpose
• Attempting to cause bodily injury
• Causing fear of imminent serious bodily injury
• Causing fear by continued harassment that inflicts substantial emotional distress
• Terrifying, tormenting, or terrorizing a spouse

Any offense between spouses or former spouses that fits into one of these categories is considered domestic violence in North Carolina.

I need to get myself and the kids away from my spouse. Is just leaving a good idea?

First and foremost – if you’re in immediate danger or are afraid of looming abuse and violence, call 911. Law enforcement in North Carolina receives special training for spousal abuse calls. The responding officer will tell you where nearby shelters are, get you medical attention if needed, and do their best to diffuse the threat from your abuser.

There are very few situations in which research and planning won’t increase your chances for success. Given the stakes you’re dealing with and the potential for abuse if things don’t go well, a safety plan can make a huge difference.

There are also numerous domestic violence and spousal abuse advocates in position to help you. Aid ranges from shelters and child care to legal advice and representation. No matter what your abuser tries to make you believe, you are not alone.

If I leave, my spouse is going to come after me. How can I stop them?

It’s often hard to believe that the person you married has revealed such an awful side of themselves. For victims of domestic violence and spousal abuse, North Carolina domestic violence protective orders (DVPO) can provide the breathing room you need. They’re designed to keep your abuser away from you and your loved ones.

You may have heard of this restraining order referred to as a 50B Order, named after the code for domestic violence in North Carolina law. The process for getting a DVPO can vary between counties, so check with your local courthouse or speak with a spousal abuse advocate.

What can a protective order do?

DVPOs consist of provisions that can apply to either spouse. Most conditions protect the plaintiff (victim) from the defendant (abuser). DVPOs are crafted to the specific needs of each case. The court can include anything it deems necessary for the victim and any children involved. Common provisions include:

• Ordering the defendant (abuser) to obey a no-contact order
• Ordering the defendant to stop threatening, abusing, harassing, or following the plaintiff
• Surrender all firearms until the order terminates
• Ordering the defendant to attend and complete an approved abuser treatment program
• Ordering the defendant to move out of a shared residence and stay away
• The awarding of temporary custody of minor children and establishing temporary visitation rights
• Child support payments
• Spousal support payments
• Awarding custody of any shared domestic animals
• Forbidding the abusing or harming of any domestic animals
• Awarding attorney’s fees to either party

A North Carolina DVPO may contain all, some, or none of these conditions. For example, childless spouses wouldn’t require a provision for the custody of a minor child.

A North Carolina protective order sounds good. How do I get one?

As mentioned, a good first step is checking with your local courthouse or an advocate. Some counties separate the civil and criminal parts of domestic violence cases. Not all courts have 24-hour access to emergency orders available. Remember, if you’re in danger you can always call law enforcement for immediate relief.

Forms are available online, at the courthouse, or through a spousal abuse advocate. Advocates can help you file electronically in some places, saving you a trip to the courthouse. They’ll also know if emergency orders are available when the court is closed. Some counties have magistrates in place to handle that.

Whether you deliver it to the courthouse or file through an advocate, a judge or magistrate reviews your petition. They may ask for clarification or more details. An ex parte temporary protective order is issued if they agree that spousal abuse has occurred or is a threat. The court won’t speak to the defendant before issuing the order (ex parte).

While the exact process varies, the defendant is served the order by the sheriff’s department (check with your advocate or the court clerk). The temporary DVPO goes into effect after it’s served. It either lasts up to 10 days, seven days after the defendant is served, or until the full case hearing takes place. If there’s difficulty serving the defendant, the court will extend it.

If the defendant opposes the order, the issue goes to a full court hearing. Both sides present their cases, present witness testimony, and offer evidence. If the plaintiff convinces the court that the threat of spousal abuse is ongoing, a final protective order is issued. It lasts up to a year and is renewable for two years at a time after a hearing. The alteration and addition of provisions are permitted.

Understanding which restraining order is the one for you in North Carolina is complex. FindLaw’s North Carolina Protective Orders article describes what’s available and which one is right for you.

I have a DVPO, but my abuser keeps threatening me. What can I do?

While DVPOS are effective, they aren’t foolproof. An abuser can choose to ignore a court order. If you have a DVPO in place, it’s essential that you either call law enforcement or file a Motion for Order To Show Cause any time your abuser violates or threatens to violate the order. The penalties are only a deterrent if they’re able to be enforced.

Violations of a DVPO have the potential for jail time for any offense. This is in addition to the penalties for the criminal acts committed during the violations. Violators face the following punishments:

• 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

The court can also enhance penalties for crimes committed during the violation. For example, stalking is a Class A1 misdemeanor. Stalking while a DVPO is in effect is a Class H felony.

I’m going to be out of North Carolina for a month. What if my abuser follows me?

Your North Carolina DVPO stays in effect in US territories, Native American reservations, and all 50 states. Most states offer reciprocity at the state level. You’re also covered at the federal level by the Violence Against Women Act (VAWA). Keep a copy of your DVPO with you at all times. If you’ll be in one place for a while, give a copy to local law enforcement.

I’m divorcing my abuser and want primary custody of the kids. Will their domestic violence convictions affect the custody hearing?

When it comes to determining custody, the court puts the best interests of the child before everything else. One of the guidelines it considers is a history of domestic violence and spousal abuse. If your abuser is considered enough of a danger, their visitation rights face supervision or outright denial. It may also affect the terms of your divorce.

Given the importance of winning custody, this isn’t a battle you should fight on your own. If you’re fighting for your kids, consider speaking with a North Carolina family law attorney.

I’ve moved away from my abuser, but I’m afraid they’ll find me again through court documents. How do I stay hidden from them?

North Carolina’s Address Confidentiality Program (ACP) is designed for victims of spousal abuse. It gives victims a second legal mailing address. This is used for public records while keeping your actual address secret. The ACP also forwards your first-class mail to you. There is no charge for this program. You can find out more through the ACP brochure (.pdf).

I want to get away from my abuser, but our lease is in my name. Can I avoid the penalties somehow if I break the lease?

Under North Carolina law, victims of spousal abuse can break a lease without penalties to escape an abuser. A written notice at least 15 days before you want to leave is required, and the landlord can request to see proof of your DVPO. You’re liable for rent owed up to the point you leave.

I had to take unpaid leave from work and have medical bills because of what my abuser did to me. Is there anything I can do?

Victims of spousal abuse can sue their abuser in civil court for damages. You can try to recover any expenses or lost income due to the abuse. This includes lost wages, medical expenses, legal fees, and pain and suffering. Amounts under $10,000 are handled in small claims court. If you’re seeking a higher amount or feel like you need legal help, speak with a North Carolina domestic violence attorney.

North Carolina Spousal Abuse Laws: Summary

No spouse should have to live their life in fear, anguish, and abuse. We’ve gathered important points in the table below for easy reference.

Note: North Carolina laws change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. Please consult a North Carolina family law attorney or conduct legal research to verify the North Carolina law(s) you are researching.

Related Resources for Prohibited Consensual Activity Laws

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

Need Help With Spousal Abuse Issues? Contact an Attorney

Whether you’ve suffered physical abuse, sexual abuse, physical injury, or any other type of spousal abuse, call 911. If you’re ready to find a life without abuse, speak with a North Carolina spousal abuse attorney. They’ll make sure you’re using every protection possible and help you find a better life.

If you’re facing criminal charges for an act of domestic violence, you need an expert in criminal law on your side. A North Carolina criminal defense attorney can help. They’ll examine the domestic violence charges from the alleged victim, explain your options, and represent you in court. Your attorney-client relationship can make a big difference.