North Carolina Domestic Violence Laws [2024 Updated]

If you or someone you know is experiencing domestic violence, understanding your rights and the legal protections available in North Carolina is crucial. North Carolina’s domestic violence laws, including those concerning protective orders, provide robust protections. Additionally, the state offers various resources such as shelters, hotlines, and counseling services.

Legal Protections and Resources

While domestic violence is a pervasive issue that often goes unreported, there are many state and federal resources for victims, including the following.

Protective Orders:

The DVPO (Domestic Violence Protective Order) is a ‘restraining order’ or a 50B order in North Carolina. A DVPO may prohibit the accused from having contact with the protected party, from living in the home shared with the victim, and from having access to any firearms. The order can mandate temporary custody and visitation rights for children.

To get a DVPO, the victim must file a complaint with the district court. A court may issue a temporary order without the abuser present (ex parte order) if it finds that the victim is in immediate danger. A court must schedule a hearing within 10 days of the issuance of the ex parte order to decide whether to issue a final protective order.

The Violence Against Women Act (VAWA):

The Violence Against Women Act (VAWA) is a federal law that provides comprehensive programs and grants to assist victims of domestic violence, sexual assault, dating violence,  stalking, and the prosecution of offenders through the courts.

In North Carolina, VAWA dollars pay for programs to expand the state’s capacity to address domestic violence. These funds go toward providing victim services, police training, and creating special domestic violence units. VAWA also authorizes protective orders that are enforceable in all states.

Domestic Hold Duration:

The domestic hold is commonly known as a ‘cooling-off period’ and typically lasts 48 hours. In North Carolina, an arrestee can be held without bond for 48 hours, pending review by a judicial official, for the purpose of identifying appropriate next steps and ensuring the victim’s safety.

Assault on a Female:

Statutory assault on a female is a Class A1 misdemeanor under North Carolina law. The charge applies if a male, at least 18 years old, commits an assault on a female. Domestic violence cases are aggressively prosecuted by the district attorney’s office, but on occasion, charges can be dismissed. For example, if the offender completes a domestic violence intervention program or if there is insufficient evidence to convict them, a judge might dismiss their charges.

Although a victim might want charges dropped, most often, the prosecutor makes the decision, not the victim. The prosecutor will decide based on the facts, the seriousness, and the wishes of the victim.

Government Resources and Support

North Carolina provides various resources for victims of domestic violence, including shelters, hotlines, and counseling services. The North Carolina Coalition Against Domestic Violence (NCCADV) is a leading organization that offers support and advocacy for victims. The North Carolina Department of Public Safety also provides information and resources on its website.

• North Carolina General Statutes: The primary source of domestic violence laws in North Carolina is the General Statutes, particularly Chapter 50B, which outlines the provisions for protective orders.
• North Carolina Department of Public Safety: This department offers resources and information related to domestic violence, including victim assistance programs and contact information for local services.
• North Carolina Coalition Against Domestic Violence (NCCADV): This is a nonprofit organization that provides training, advocacy, and support services for domestic violence victims.
• S. Department of Justice – Office on Violence Against Women (OVW): This federal office oversees the implementation of VAWA and provides resources and funding for state programs.

FAQs

Q: What Is the Violence Against Women’s Act in NC?

A: The Violence Against Women Act (VAWA) is a federal law that provides comprehensive measures to protect victims of domestic violence, sexual assault, dating violence, and stalking. In North Carolina, VAWA supports various programs and grants that expand the state’s capacity to address domestic violence, including funding for victim services and law enforcement training.

Q: How Long Is a Domestic Hold in North Carolina?

A: In North Carolina, a domestic hold typically lasts for 48 hours. An arrestee can be held without bond for 48 hours pending review by a judicial official, who will work on identifying the appropriate next steps and ensuring the victim is safe and immediately protected from any further harm.

Q: Can Assault on a Female Be Dropped in North Carolina?

A: Yes, assault on a female can be dropped in North Carolina. Assault on a female is a Class A1 misdemeanor in North Carolina. The district attorney’s office generally prosecutes these cases vigorously, but charges can sometimes be dropped in certain circumstances.

This decision to drop or not is made by the prosecutor, not the victim, and depends on various factors. These factors include the evidence, the severity of the incident, and the offender’s completion of a domestic violence intervention program.

Q: What Is Clare’s Law in North Carolina?

A: Clare’s Law, also known as the Domestic Violence Disclosure Scheme (DVDS), allows individuals to request information from the police about a current or ex-partner’s history of violence or abuse. Named after Clare Wood, who was murdered by her ex-boyfriend, the law provides a ‘right to ask’ and a ‘right to know’ about a partner’s abusive past, aiming to protect individuals from potential domestic violence. This applies to all adults concerned about their own or others’ safety.

Contact a North Carolina Domestic Violence Lawyer

Understanding domestic violence laws in North Carolina is crucial for protecting victims and ensuring justice. North Carolina’s extensive legal remedies, along with federal regulations such as VAWA, create a legal framework with protections and resources for all victims. If you or someone you know is currently in a domestic violence situation, please seek immediate help.

The Law Offices of Aimee E. Cain is dedicated to advocating for victims and ensuring their safety. Knowing how these laws work can make a significant difference. Your safety and justice are our top priorities.

Contact The Law Offices of Aimee E. Cain today for more information about how we can advocate for victims and assist in ensuring you or your loved one is safe.