A domestic violence charge in North Carolina is a criminal charge, such as assault on a female or violating a protective order, involving a spouse, partner, or family member. A judge often sets release conditions. Call us before you respond.
Domestic Violence Lawyer in North Carolina
4
NC offices
24/7
Phones and chat answered
36
NC counties served
Phones and chat are answered 24/7, with AI covering when no staff is free.
QUICK ANSWER
In North Carolina, domestic violence is a label for criminal charges, such as assault on a female or violating a protective order, involving a spouse, partner, or family member. Talk to a lawyer before you respond. Free consultation with our Director of Client Engagement. Phones and chat are answered 24/7, with AI covering when no staff is free.
THE SHORT ANSWER
Domestic violence charges in North Carolina: the short answer
Domestic violence is a label for several charges when the people involved are spouses, former spouses, dating partners, or family members. Common charges include assault on a female, a Class A1 misdemeanor (G.S. 14-33(c)(2)); misdemeanor crime of domestic violence, a Class A1 misdemeanor (G.S. 14-32.5); assault by strangulation, a Class H felony (G.S. 14-32.4(b)); communicating threats, a Class 1 misdemeanor (G.S. 14-277.1); and stalking, a Class A1 misdemeanor (G.S. 14-277.3A).
When the charge involves a spouse, former spouse, live-in partner, or dating partner, a judge rather than a magistrate sets release conditions first. If no judge acts within 48 hours of arrest, a magistrate does (G.S. 15A-534.1). A separate civil 50B protective order case may also be filed.
What to do right now
- Follow every release condition. If you are ordered to stay away from the home or the other person, do it, even if they invite you back.
- Do not contact the alleged victim about the case, directly or through others.
- Keep copies of every order you receive, including any 50B order, and note the hearing dates.
- Save messages, call logs, photos, and names of witnesses.
- If you own firearms, ask a lawyer before doing anything with them. A 50B order can require you to surrender them (G.S. 50B-3.1).
Charlotte, Belmont, and Cary: (704) 842-3411. Raleigh: (919) 925-4613. Phones and chat are answered 24/7, with AI covering when no staff is free.
DOMESTIC VIOLENCE CASE TYPES
What Domestic Violence Charge Are You Facing?
A domestic violence charge can impact your home life, career, and criminal record. Having the right legal defense early may make a critical difference in your case.
STANDARD
Domestic Assault Allegations
Domestic-related assault accusations involving threats, disputes, or physical contact
- May involve spouses, partners, or household members
- Can lead to arrest and no-contact orders
- Defense may focus on self-defense or false claims
SERIOUS
Assault On A Female
Class A1 misdemeanor commonly charged in domestic disputes
- Enhanced penalties under NC law
- Requires a male defendant 18 or older (G.S. 14-33(c)(2))
- Focus on witness statements and evidence
HIGH SEVERITY
Domestic Assault By Strangulation
Class H felony involving restricted breathing or circulation
- Requires physical injury by strangulation (G.S. 14-32.4(b))
- Frequently charged in domestic cases
- Significant prison exposure possible
PROTECTIVE ORDER
50B Protective Order Violations
Violating court-ordered no-contact or protection terms
- Includes calls, visits, or indirect contact
- Class A1 misdemeanor (G.S. 50B-4.1)
- May affect custody and firearm rights
THREAT-RELATED
Domestic Threat And Harassment Cases
Threats, intimidation, stalking, or harassment involving family or partners
- May involve texts, calls, or online messages
- Protective orders often follow
- Intent and context matter
WEAPON-RELATED
Domestic Assault With A Weapon
Allegations involving firearms, knives, or dangerous objects
- Felony charges may apply
- Firearm restrictions are common
- A deadly weapon raises the charge (G.S. 14-33(c)(1), 14-32)
HIGH SEVERITY
Repeat Domestic Violence Allegations
Prior accusations or convictions can increase penalties
- Courts may impose stricter conditions
- Increased penalties possible
- Prior history may affect bond and sentencing
DEFENSE STRATEGY
Defense And Evidence Review
A strong defense begins with examining the facts and evidence
- Review police reports and statements
- Challenge inconsistent allegations
- Analyze bodycam, photos, and digital evidence
WHY CHOOSE US
Protecting Your Future Against Domestic Violence Charges
Four NC Offices
Martine Law has offices in Charlotte, Raleigh, Cary, and Belmont, and handles domestic violence cases in the counties listed on this page.
Criminal And Family Coordination
A domestic charge can overlap with a 50B order, custody, and housing. We look at how each case affects the others.
Evidence Review
We review reports, 911 calls, messages, photos, and body camera video to test the allegations.
Phones and Chat Answered 24/7
Release conditions can take effect quickly. Phones and chat are answered 24/7, with AI covering when no staff is free.
Ready to discuss your legal needs? Let’s get started!
THE PROCESS
What To Expect In A Domestic Violence Case
Domestic violence allegations can move quickly through the court system and may affect your freedom, family, and future. Legal representation can help protect your rights at every stage.
BEFORE YOUR CONSULTATION
What to bring
Bring what you have. Missing papers are fine; we can get many records for you.
- The warrant or magistrate’s order and your release conditions
- Any 50B protective order papers, including the hearing notice
- Any custody order or pending family case papers
- Messages, call logs, photos, and social media posts related to the incident
- Names and phone numbers of witnesses
- A list of any firearms you own and where they are now
- A short written timeline of what happened
NEXT STEPS
What happens after you call
- Phones and chat are answered 24/7, with AI covering when no staff is free.
- We ask a few short questions: what happened, which county the case is in, and whether there is a court date or a court order. If someone is in jail or court is within 7 days, tell us right away.
- If the case is in a county we handle, we set up your consultation with our Director of Client Engagement. If it is not, we tell you on that call.
- Criminal defense consultations are free. Your consultation is with our Director of Client Engagement, not an attorney. If you hire us, an attorney handles your case.
- At the consultation, we go over your papers, the next steps, and our fees before you decide anything.
- No attorney-client relationship exists until you sign an engagement agreement with us.
SERVICE AREA
Where we handle cases
We handle domestic violence cases in the 36 North Carolina counties below. Each link goes to that county’s page with its courthouse, prosecutor, and local court details. If your case is in a county that is not listed, or outside North Carolina, we are probably not the right fit, and we will tell you so on the first call.
Charlotte and Belmont offices: Cabarrus, Catawba, Cleveland, Gaston, Iredell, Mecklenburg, Rowan, Stanly, Union.
Raleigh office: Caswell, Chatham, Cumberland, Duplin, Durham, Edgecombe, Franklin, Granville, Greene, Halifax, Harnett, Johnston, Lee, Moore, Nash, Orange, Person, Pitt, Sampson, Vance, Wake, Warren, Wayne, Wilson.
Domestic violence charges and protective orders: how they differ
A domestic violence arrest can start a criminal case and a civil 50B protective order case at the same time. They run on separate tracks with different rules.
| Criminal domestic violence charge | 50B protective order | |
|---|---|---|
| Who brings it | The State, through the district attorney | The person seeking protection |
| Burden of proof | Beyond a reasonable doubt | Preponderance of the evidence |
| Release | A judge, not a magistrate, may need to set conditions, within 48 hours (G.S. 15A-534.1) | An ex parte order can issue the same day; a hearing is set within 10 days (G.S. 50B-2(c)) |
| Firearms | Conditions of release can bar possession | The order can require surrender of firearms (G.S. 50B-3.1) |
| Outcome | Conviction, dismissal, or deferred prosecution | An order lasting up to one year, which can be renewed (G.S. 50B-3(b)) |
| Related charge | Statute | Classification |
|---|---|---|
| Assault on a female | G.S. 14-33(c)(2) | Class A1 misdemeanor |
| Violating a 50B order | G.S. 50B-4.1(a) | Class A1 misdemeanor |
| Violating a 50B order after two prior violation convictions | G.S. 50B-4.1(f) | Class H felony |
| Possessing a firearm while subject to a 50B order | G.S. 14-269.8 | Class H felony |
| Assault by strangulation | G.S. 14-32.4(b) | Class H felony |
See protective orders, violating a 50B or 50C order, and assault charges.
COMMON QUESTIONS
FAQs
Why can't a magistrate release me after a domestic violence arrest?
Under G.S. 15A-534.1, when an assault, threat, stalking, or certain other charges involve a spouse, former spouse, live-in partner, or dating partner, a judge rather than a magistrate sets release conditions in the first instance. If no judge acts within 48 hours of arrest, a magistrate sets the conditions.
What is assault on a female in North Carolina?
Under G.S. 14-33(c)(2), assault on a female is a Class A1 misdemeanor when a male at least 18 years old assaults a female. It is one of the most common domestic violence charges in North Carolina. The State must still prove an assault occurred, and self-defense and credibility issues are often central.
Can the victim drop domestic violence charges in NC?
No. The NC Judicial Branch says only the prosecutor or a judge can dismiss criminal charges. The prosecutor may listen to the alleged victim but does not have to dismiss. A related 50B protective order is a separate civil case, and the plaintiff can dismiss that case before the hearing.
What is the difference between a criminal DV charge and a 50B order?
A criminal charge is brought by the State and can lead to jail, probation, or a conviction. A 50B domestic violence protective order is a civil order sought by the alleged victim under Chapter 50B. It can last up to one year under G.S. 50B-3(b) and can affect custody, housing, and firearms.
What happens if I violate a protective order or release conditions?
Knowingly violating a valid protective order is a Class A1 misdemeanor under G.S. 50B-4.1, and officers must arrest in some situations. Violating pretrial release conditions can lead to arrest and stricter conditions. Contact initiated by the protected person does not make contact lawful for you.
Will a domestic violence charge affect custody?
It can. In a custody case, the judge must consider acts of domestic violence between the parties and the safety of the child and each party under G.S. 50-13.2, and a 50B order can include temporary custody terms. Coordinate the criminal and family cases with your lawyers before either hearing.
Can I own a gun with a domestic violence charge or protective order?
A 50B protective order can require surrender of firearms under G.S. 50B-3.1, and federal law (18 U.S.C. 922(g)) restricts gun possession for people subject to certain protective orders or convicted of a misdemeanor crime of domestic violence. Ask your lawyer before possessing any firearm.
Can a domestic violence conviction be expunged in NC?
Convictions for offenses that include assault as an essential element, and all Class A1 misdemeanors, are excluded from expunction under G.S. 15A-145.5. A dismissed or not guilty domestic violence charge can be expunged under G.S. 15A-146, often automatically for cases disposed on or after December 1, 2021.
How long does a 50B protective order last in North Carolina?
A domestic violence protective order is for a fixed period of up to one year (N.C. Gen. Stat. 50B-3(b)). The court may renew it for up to two years if the protected party files a motion before the current order expires. A temporary custody award in the order has separate limits on renewal.
How soon is the hearing after an ex parte 50B order?
After a judge issues an ex parte protective order, a hearing must be held within 10 days from the date the order was issued or within seven days from service on the other party, whichever is later (N.C. Gen. Stat. 50B-2(c)(5)). A continuance is limited to one extension of no more than 10 days unless all parties consent or good cause is shown.
Is strangulation a felony in North Carolina?
Yes. Assault inflicting physical injury by strangulation is a Class H felony under N.C. Gen. Stat. 14-32.4(b), unless another law provides greater punishment. These charges often arise in domestic cases, and the evidence of injury is a central issue.
What is domestic criminal trespass?
Under N.C. Gen. Stat. 14-134.3, it is a crime to enter after being forbidden, or remain after being told to leave, premises occupied by a present or former spouse or a person you lived with as if married, when the two of you are living apart. It is usually a Class 1 misdemeanor, and can be a Class G felony at a domestic violence safe house when armed.
What is a 48-hour hold in a North Carolina domestic violence case?
Under G.S. 15A-534.1, for certain domestic violence charges a judge sets the release conditions. If no judge acts within 48 hours of arrest, a magistrate must set them. That is why some people stay in custody longer than for other charges.
Can the alleged victim drop a domestic violence charge in NC?
No. Only the prosecutor can dismiss a criminal charge. The alleged victim can share their wishes with the district attorney, but the State may go forward with other evidence.
Is a 50B protective order the same as a criminal charge?
No. A 50B order is a civil order under Chapter 50B. It is not a conviction, but violating it is a crime under G.S. 50B-4.1, and a criminal case can proceed at the same time.
This page provides general information about North Carolina law and local courts. It is not legal advice, and reading it does not create an attorney-client relationship. Court locations, hours, and procedures change; confirm details with the court or with us. Prior results do not guarantee a similar outcome.
DON’T WAIT. TIME MATTERS
Book Your
Consultation Today
Understand your situation, review your options, and move forward with the right next step.
Send Us a Message
Charlotte, Belmont, and Cary: (704) 842-3411. Raleigh: (919) 925-4613. Phones and chat are answered 24/7, with AI covering when no staff is free.