Being charged with domestic violence in North Carolina is serious—especially when there are no visible injuries. Many people assume that without bruises, cuts, or other physical proof, the case will simply be dismissed. Unfortunately, that’s not how it works.
Prosecutors in North Carolina can and often do pursue domestic violence charges based solely on accusations, witness statements, or even 911 calls. The absence of visible injury doesn’t automatically mean the case is weak—but it does mean your defense strategy must focus on evidence, credibility, and context.
At Martine Law, we defend clients across North Carolina accused of domestic violence, assault, or related offenses. We understand how emotional and complex these cases can be—and we know how to challenge claims when there’s no physical proof of harm.
What North Carolina Law Says About Domestic Violence
Under N.C. Gen. Stat. § 50B-1, domestic violence includes more than just physical injury. It can also involve:
- Attempting to cause bodily harm.
- Placing a person in fear of imminent serious injury.
- Continued harassment that inflicts substantial emotional distress.
- Sexual assault or threats of violence.
This broad definition means that visible injuries are not required for an arrest or conviction. An alleged victim’s testimony—if deemed credible—can be enough to move the case forward.
Why Prosecutors Can Proceed Without Visible Injuries
In domestic violence cases, prosecutors often rely on circumstantial evidence, such as:
- Statements made to police or in 911 calls.
- Testimony from neighbors, family members, or witnesses.
- Text messages, emails, or social media posts.
- Photos of the scene (even if no injuries are visible).
- The alleged victim’s emotional state when officers arrived.
Law enforcement in North Carolina must make an arrest if they believe there is probable cause that domestic violence occurred. This standard is low—meaning even unverified statements or emotional reactions can lead to charges.
Common Scenarios Where No Injury Cases Arise
At Martine Law, we often see clients charged with domestic violence under circumstances like:
- Arguments that turned loud or heated but did not involve physical contact.
- False or exaggerated claims made during a breakup, custody dispute, or emotional moment.
- Mutual conflicts, where both parties argue but only one is arrested.
- Police misunderstanding verbal arguments as threats or assaults.
In these cases, the defense must focus on the facts, not emotions—establishing what really happened and highlighting the lack of credible proof.
How the State Tries to Prove the Case
Even without injuries, the prosecution may claim:
- You threatened or attempted to harm your partner.
- Your actions caused the person to reasonably fear injury.
- Your words or gestures created an “imminent threat.”
The key legal concept is intent. The state must prove beyond a reasonable doubt that you intentionally tried to harm or threaten harm—not that an argument simply got out of hand.
Effective Defense Strategies When There Are No Visible Injuries
1. Challenge the Credibility of the Accuser
When there’s no physical proof, the entire case often rests on one person’s word. Your attorney can cross-examine the accuser to expose inconsistencies, changing stories, or motives such as revenge, jealousy, or custody advantage.
2. Highlight the Lack of Corroborating Evidence
If there are no photos, witnesses, or physical damage, that absence can create reasonable doubt. Even police testimony can be challenged if reports were vague or based solely on emotional impressions.
3. Use Witness Testimony or Digital Evidence
Texts, call logs, and messages may contradict the accuser’s version of events. Neighbors or family members may also testify that no violence occurred or that both parties shared responsibility.
4. Prove Self-Defense or Mutual Conflict
If both parties were arguing or physically engaging, you may have acted in self-defense or to prevent escalation. The law allows reasonable force to protect yourself from harm.
5. Show Police Misjudgment or Procedural Errors
Officers sometimes make arrests based on assumption, not fact. If they failed to investigate properly—such as not interviewing both sides or ignoring witness statements—the defense can use that to undermine the prosecution’s case.
6. Emphasize Lack of Intent
An argument or accidental contact is not the same as an intentional assault. Showing that your actions were unintentional or misinterpreted can weaken the state’s claims.
Protective Orders (50B Orders) and Their Consequences
Even before a criminal conviction, an accuser can request a Domestic Violence Protective Order (DVPO) under Chapter 50B. These orders can:
- Force you to leave your home.
- Restrict contact with your spouse or children.
- Limit firearm ownership.
- Appear on background checks, affecting jobs and housing.
At Martine Law, we help clients fight 50B protective orders by presenting evidence that no violence occurred, the fear was unreasonable, or the order was filed in bad faith.
The Importance of Acting Quickly
Domestic violence charges—even without injury—can move fast. Once you’re arrested, you could face:
- A no-contact order that separates you from your home or children.
- Restrictions on firearms or military service.
- Criminal penalties for violating temporary orders.
- Long-term effects on child custody and reputation.
You should never face these charges alone. An experienced defense lawyer can request discovery, collect evidence, and begin building your case immediately.
How Martine Law Defends Clients in No-Injury Domestic Violence Cases
At Martine Law, we understand how emotionally charged and one-sided these cases can feel. We’ve helped many clients across North Carolina clear their names when falsely accused or overcharged.
Our approach includes:
- Reviewing police reports and witness statements for inconsistencies.
- Gathering texts, call logs, and recordings that tell your side of the story.
- Challenging the accuser’s credibility and motive.
- Presenting your testimony and evidence clearly and effectively in court.
- Negotiating to dismiss or reduce charges when appropriate.
Every case is different, but the goal is always the same: to protect your rights, your freedom, and your future.
If you’re facing domestic violence charges in North Carolina—and there are no visible injuries—contact Martine Law. Our attorneys will fight to expose weak evidence, challenge false claims, and ensure your voice is heard.