One moment, it’s a personal disagreement—maybe with your spouse, your partner, or a family member. The next moment, the police are at your door, and you’re in handcuffs.
Domestic violence arrests in North Carolina are swift, often confusing, and sometimes based on limited or one-sided information. Whether it’s a false accusation or a heated situation blown out of proportion, what you do next can make or break your future.
At Martine Law, we’ve helped clients across North Carolina protect themselves from damaging domestic violence charges. In this guide, we’ll walk you through your rights, the legal process, possible outcomes, and how to defend yourself with strength and dignity.
What Counts as Domestic Violence in North Carolina?
Domestic violence is broadly defined under N.C.G.S. § 50B-1 as acts of violence (or threats of violence) against someone you have a personal relationship with.
This includes:
- Spouses and ex-spouses
- Current or former romantic partners
- Co-parents of a child
- Family members (by blood or marriage)
- Anyone living in the same household
Domestic violence may involve:
- Physical assault or battery
- Verbal or emotional abuse
- Threats of harm
- Stalking or harassment
- Destruction of property
- Sexual assault
What’s important to know is that physical injury is not required—even a threat or a single push can lead to an arrest.
The Police Are Called—What Happens Next?
In most North Carolina domestic violence cases, someone gets arrested. The law gives police officers broad authority to make an arrest without a warrant if they believe a domestic assault occurred.
Here’s what happens:
- You’re arrested—often immediately.
- You’re taken to jail and held for a mandatory 48-hour “cooling-off” period.
- You are not eligible for bond until a judge reviews the case.
- A protective order (50B) may be issued against you, even before trial.
These early hours are critical—what you say or do can deeply impact your defense. Remain silent, be respectful, and request a lawyer immediately.
The 50B Protective Order (DVPO)
After a domestic violence arrest, the alleged victim can request a Domestic Violence Protective Order (DVPO)—commonly called a 50B order.
This court order may require you to:
- Leave your home (even if it’s your name on the lease or mortgage)
- Have no contact with the alleged victim
- Avoid contact with your children
- Surrender firearms
A judge can grant this order without hearing your side of the story at first. Within 10 days, there will be a hearing to determine whether the order should remain in effect (up to 1 year or longer).
If you violate a 50B order, it’s a criminal offense and can lead to immediate jail time.
Criminal Charges You Might Face
You could face one or more of the following charges, depending on the circumstances:
- Simple Assault – Class 2 misdemeanor (up to 60 days in jail)
- Assault on a Female – Class A1 misdemeanor (up to 150 days in jail)
- Injury to Personal Property – Class 2 misdemeanor or Class 1 felony (if damage exceeds $200)
- Communicating Threats – Verbal or written threats can lead to Class 1 misdemeanor charges
- Interfering with Emergency Communication – Preventing someone from calling 911 is its own Class A1 misdemeanor
If children were present, or if you have prior convictions, the case can be enhanced and may lead to felony charges.
Collateral Consequences of a Domestic Violence Arrest
Even if you’re never convicted, just being arrested for domestic violence in NC can have immediate and lasting consequences:
- Eviction from your home (especially if a protective order is granted)
- Loss of child custody or visitation rights
- Job suspension or termination
- Loss of professional licenses
- Damage to your reputation
- Ban on firearm ownership
That’s why it’s crucial to take every allegation seriously, even if you believe it’s false or will “blow over.”
Common Defenses to Domestic Violence Charges
Every case is different, but here are some common and effective defenses we use at Martine Law:
🔹 False Allegations
Unfortunately, domestic violence accusations are sometimes used as leverage in divorces, custody disputes, or moments of anger. We dig into the motives and inconsistencies in the accuser’s story.
🔹 Self-Defense
You have the right to protect yourself from harm. If you were attacked first and acted reasonably to defend yourself, it may be a valid defense.
🔹 No Proof of Injury or Threat
The prosecution must prove that an assault or credible threat occurred. If there’s no injury, no witness, and no evidence, we argue for reasonable doubt.
🔹 Witness Recantation
Sometimes the accuser wants to drop the charges—but in NC, it’s not their decision. The state can proceed anyway. Still, a recanting witness may help your defense, especially if their story changes over time.
🔹 Police Misconduct or Error
We analyze every angle of your arrest—were your rights read? Was force used unnecessarily? Was evidence mishandled? Mistakes made by police can lead to suppression of evidence or case dismissal.
The Domestic Violence Court Process in North Carolina
After your arrest and initial appearance, the case typically proceeds through the following steps:
1. First Appearance & Bond Hearing
You’ll appear before a magistrate or judge. They’ll review the charges, determine if bond is appropriate, and set the terms of your release. Many DV cases require:
- No-contact provisions
- GPS monitoring
- Surrendering firearms
2. 50B Hearing (Protective Order Hearing)
Within 10 days of a temporary 50B order being granted, the court holds a hearing. You must attend this hearing with your attorney. It’s your opportunity to present your side, challenge evidence, and prevent long-term restrictions.
3. District Court Trial or Plea
Misdemeanor DV cases are heard in district court, often without a jury. Felonies move to superior court, where you have the right to a jury trial.
Should You Take a Plea or Go to Trial?
This decision depends on the facts of your case. At Martine Law, we evaluate the evidence, the risk of conviction, and your personal goals before advising a direction.
🔹 Plea Bargains
These may involve:
- Reduction to a non-domestic charge
- Deferred prosecution agreements
- No jail time in exchange for probation or counseling
These can protect your record—especially if you’re a first-time offender.
🔹 Trial
If the evidence is weak, if your rights were violated, or if you’re falsely accused, we’re fully prepared to take your case to trial and fight for a full acquittal.
How a DV Charge Affects Family Law, Immigration, and Gun Rights
Domestic violence allegations don’t exist in a vacuum—they can ripple through nearly every aspect of your life.
👨👧👦 Child Custody
If you’re in a custody dispute, a DV charge—even without conviction—can be used against you. Courts prioritize the “best interest of the child,” and allegations of violence weigh heavily.
🛂 Immigration Status
For non-citizens, domestic violence charges can trigger:
- Green card denial
- Visa cancellation
- Deportation proceedings
This includes misdemeanor convictions. Immediate legal intervention is essential to preserve your immigration future.
🔫 Firearm Restrictions
Under both federal and state law, a domestic violence conviction can permanently bar you from owning firearms. Even temporary protective orders can require immediate surrender of guns.
This can affect:
- Hunting privileges
- Law enforcement or military jobs
- Security licensing
Real Case Example: A False Allegation with Life-Changing Stakes
Jason (name changed), a North Carolina teacher and father of two, was arrested after a neighbor overheard an argument with his wife and called 911. Police arrived to find a tense situation, but no visible injuries.
Jason was arrested anyway.
His wife later stated under oath that no physical harm had occurred and she never wanted charges pressed. But prosecutors pursued the case due to mandatory policies.
Here’s what Martine Law did:
- Filed a motion to suppress statements made during an illegal search
- Presented character witnesses and past clean history
- Highlighted inconsistencies in police reports
Result: Charges were dismissed. Jason kept his job, custody rights, and reputation. But without legal intervention, the outcome could have been drastically different.
FAQs: Domestic Violence Charges in NC
Q: Can my partner “drop” the charges?
No. In North Carolina, once a DV case is filed, only the prosecutor can choose to dismiss it. Even if the alleged victim recants, the case may proceed.
Q: Will I go to jail for a first offense?
Not necessarily. Many first-time offenders receive probation, counseling, or deferred prosecution. However, this depends on the evidence and the quality of your legal defense.
Q: Can I contact the accuser?
No. If a 50B or bond condition prohibits contact, any communication (text, phone call, social media, third-party) can result in additional criminal charges.
Q: Will this stay on my record?
Unless your case is dismissed or you’re found not guilty, yes. DV charges cannot be expunged if you’re convicted.
Why Choose Martine Law?
At Martine Law, we understand that being accused of domestic violence is deeply personal and emotionally overwhelming. But you are not alone, and not powerless.
Our NC defense team provides:
- Confidential, judgment-free representation
- Aggressive defense in court
- Negotiation for dismissals or reduced charges
- Support with immigration, family law, and record protection
Whether you’re facing a misunderstanding or a false accusation, we’re here to fight for your freedom and your future.
📞 Schedule a confidential consultation today »