A domestic violence arrest in Charlotte can bring both a criminal charge and a 50B protective order that removes you from your home. A charge is not a conviction, and these cases are defensible. This page explains North Carolina’s domestic violence law and how a Charlotte domestic violence lawyer defends the case.

Talk to a Charlotte domestic violence lawyer now. Free and confidential, 24/7, bilingual staff. Call (704) 461-9488.

Domestic violence charges in North Carolina

Domestic violence in North Carolina is usually charged as an assault. Assault on a female by a male over 18 is a Class A1 misdemeanor under G.S. 14-33, the most serious misdemeanor class, and simple assault is a Class 2 misdemeanor. Repeat or serious cases can be charged as felonies.

The 50B protective order

Separately from the criminal case, an alleged victim can seek a domestic violence protective order, a 50B order, under Chapter 50B. A 50B order can grant temporary custody, award possession of the home, require the surrender of firearms, and bar contact. Violating a 50B order is a crime.

Where your Charlotte case is heard

Mecklenburg County misdemeanor and 50B cases are heard in District Court in Charlotte.

How a Charlotte domestic violence lawyer defends the case

  • False or exaggerated allegations that often arise in divorce and custody disputes.
  • Self-defense and mutual conflict.
  • The recanting witness, since the State can proceed without the complainant.
  • Protecting your record, your firearms, and any custody matter.

Why Martine Law in Charlotte

Martine Law defends domestic violence and criminal cases across Charlotte and Mecklenburg County, with offices at 101 N. Tryon Street, Suite 600, and 301 McCullough Drive, Suite 400. Free, confidential consultation, 24/7, with bilingual staff.

An order may already be in place. Call (704) 461-9488 today.

Related: Charlotte DVPO Lawyer and North Carolina Criminal Defense.

Frequently asked questions

Is domestic violence a separate crime in North Carolina?

It is usually charged as an assault. Assault on a female by a male over 18 is a Class A1 misdemeanor, the most serious misdemeanor class.

What is a 50B order?

A domestic violence protective order under Chapter 50B that can grant custody, home possession, firearm surrender, and no-contact. Violating it is a crime.

Can the alleged victim drop the charges?

The State, not the alleged victim, decides whether to proceed, so a case can continue even if the complainant does not want to press charges.