Domestic Violence

Domestic violence charges in North Carolina can lead to serious criminal and civil consequences, including jail time, protective orders, loss of firearm rights, and long-term impacts on employment, custody, and reputation. In Raleigh and throughout Wake County, these allegations are treated seriously by law enforcement and the courts, and even a single incident may result in criminal charges or court-imposed restrictions. 

Under North Carolina law, domestic violence generally involves certain acts committed against someone with whom the accused has a “personal relationship” as defined by N.C. Gen. Stat. § 50B-1.  

Who qualifies as a “personal relationship” under North Carolina law? 

Under N.C.G.S. § 50B-1, a “personal relationship” may include: 

• Current or former spouses 

• Persons of the opposite sex who live together or have lived together 

• Parents and children 

• Grandparents and grandchildren 

• Current or former household members 

• Persons who share a child 

• Current or former dating partners (opposite or same sex) 

Because of how broadly this statute is defined, many domestic disputes can fall within the scope of domestic violence laws, even when the individuals involved may not expect it. 

What conduct qualifies as domestic violence? 

• Attempting to cause or intentionally causing bodily injury 

• Placing a victim or a member of their family or household in reasonable fear of imminent serious bodily injury 

• Engaging in continued harassment that rises to the level of substantial emotional distress 

• Committing any act defined as a sex offense under North Carolina law, including rape or sexual assault 

• Stalking 

These allegations can arise from a wide range of circumstances, and even a single incident may be enough to result in criminal charges or the issuance of a protective order in Raleigh and Wake County courts. 

Common Domestic Violence-Related Charges 

In North Carolina, domestic violence is not always a standalone criminal charge. Instead, it often serves as a classification or aggravating factor tied to underlying criminal offenses. Common charges may include: 

• Assault on a female 

• Misdemeanor crime of domestic violence 

• Interference with emergency communication 

• False imprisonment 

• Assault with a deadly weapon 

• Communicating threats 

• Stalking 

Domestic violence-related offenses are prosecuted under various criminal statutes, with the domestic relationship often influencing pretrial conditions and sentencing outcomes.  

Felony Domestic Violence Charges 

More serious allegations may result in felony charges, including: 

• Felony strangulation 

• Kidnapping 

• Assault resulting in serious injury 

• Sexual assault 

• Homicide 

Felony domestic violence charges can carry substantial prison sentences, significant fines, probation, and a permanent criminal record. A felony conviction may also have long-term consequences affecting employment opportunities, housing, firearm rights, and professional licensing. 

Domestic Violence Protective Orders (50B Orders) 

In addition to criminal charges, a person accused of domestic violence may also face a civil Domestic Violence Protective Order (DVPO), commonly referred to as a “50B order.” 

A 50B order may: 

• Require the accused to leave their residence  

• Prohibit contact with the alleged victim  

• Restrict communication with family members  

• Affect temporary child custody arrangements  

• Restrict firearm possession  

• Remain part of the public court record  

A Domestic Violence Protective Order can impose immediate restrictions and conditions that may affect housing, communication, custody, and firearm possession, even before the underlying criminal matter is resolved. 

Additional information regarding Domestic Violence Protective Orders is available through the North Carolina Judicial Branch: https://www.nccourts.gov/help-topics/domestic-violence/domestic-violence  

Firearm Restrictions Following Domestic Violence Charges or Convictions 

Certain domestic violence convictions and protective orders may result in the loss of firearm rights under both North Carolina and federal law. Federal law, including 18 U.S.C. § 922(g)(9), prohibits firearm possession in certain domestic violence-related situations. 

Additional information regarding federal firearm restrictions is available through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). 

Facing Domestic Violence Charges in Raleigh or Wake County? 

Domestic violence allegations can move quickly through the court system and may affect nearly every aspect of a person’s life, including employment, family relationships, housing, and firearm rights. Understanding your legal rights and options early in the process is important. 

If you are facing domestic violence charges or are under investigation in Raleigh, Wake County, or elsewhere in North Carolina, the criminal defense attorneys at Tharrington Smith are here to help guide you through the legal process and protect your rights at every stage. 

Disclaimer: The information provided in this blog post is intended for general informational purposes only and should not be construed as legal advice. Domestic violence cases in North Carolina can involve a range of legal considerations, and outcomes depend on the specific facts of each situation. For legal guidance tailored to your situation, please contact our criminal defense attorneys at Tharrington Smith in Raleigh, North Carolina. 

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