If you or someone you know has been arrested for domestic violence in North Carolina, it’s essential to understand what happens next. These cases move quickly and often carry immediate consequences—like no-contact orders or even being removed from your own home—before you’ve had a chance to explain your side.
At Martine Law, we help clients in North Carolina navigate domestic violence charges with clarity and confidence. Here’s what you should expect after a domestic violence arrest and what you can do to protect your rights.
Immediate Arrest and Booking
In North Carolina, domestic violence cases are treated as high-priority offenses. If law enforcement responds to a domestic call and finds probable cause that violence or threats occurred, they can arrest the alleged offender on the spot.
After the arrest:
- You’ll be taken to the county jail for booking
- Fingerprints and a mugshot will be recorded
- You may be held without bond for 48 hours, depending on the nature of the accusation
This 48-hour hold allows a judge or magistrate time to review the case and determine the conditions of release.
48-Hour Rule: What It Means for You
Under North Carolina law, a person charged with domestic violence may be held in custody for up to 48 hours before a judge sets bail. This rule is intended to allow for a cool-down period and judicial review of protective orders.
If a judge is unavailable within that time, a magistrate will set conditions of release.
During this time, the alleged victim may also file for a protective order, sometimes called a 50B order or DVPO (Domestic Violence Protective Order).
No-Contact and Protective Orders
Following a domestic violence arrest, the judge or magistrate may impose no-contact conditions as part of the bond release. This means:
- You may not contact the alleged victim in any way
- You may be ordered to stay away from your home, even if you’re the sole owner or leaseholder
- Contact through social media, text, email, or third parties is prohibited
Violating a no-contact order or protective order is a separate crime and can lead to additional jail time.
First Court Appearance (Initial Hearing)
Your first court appearance will usually happen within a few days of the arrest. At this hearing:
- The judge will review the charges
- Bail or bond conditions may be discussed
- You’ll be informed of your right to legal counsel
If a protective order hearing is scheduled (often within 10 days), it’s crucial to prepare a defense with your attorney beforehand.
Domestic Violence Protective Order (50B Order)
In many cases, the alleged victim may request a 50B Protective Order, which can be granted even before a trial begins. A DVPO can:
- Prohibit contact with the accuser
- Award temporary custody of children
- Require surrender of firearms
- Grant temporary possession of a shared residence
If served with a protective order, do not violate it. Instead, consult an attorney and prepare for the formal hearing to contest the order.
Criminal Charges and Penalties
North Carolina recognizes various charges under the domestic violence category, including:
- Assault on a female
- Assault with a deadly weapon
- Communicating threats
- Stalking or harassment
- Interference with emergency communication
Penalties vary based on the charge and prior criminal history:
- Misdemeanor domestic assault: Up to 150 days in jail, probation, and fines
- Felony assault or repeat offenses: More than 12 months in prison and a felony record
- Violation of protective order: Additional criminal charge with separate penalties
Convictions can also affect gun ownership rights, employment, and family law matters like custody or visitation.
Long-Term Consequences
Beyond jail time, a domestic violence conviction in NC may impact:
- Child custody: A record of domestic violence can be used against you in family court
- Gun rights: Federal law prohibits firearm possession by individuals convicted of domestic violence
- Employment: Some employers conduct background checks and may not hire or retain someone with a DV record
- Immigration status: Non-citizens may face deportation
That’s why it’s critical to take every accusation seriously and seek legal help immediately.
Can the Alleged Victim Drop the Charges?
In North Carolina, only the prosecutor can drop domestic violence charges—not the alleged victim. Even if the person who made the report wants to withdraw their statement, the district attorney may still pursue prosecution.
This means you need a strong defense strategy regardless of whether the other party cooperates or not.
What Are Your Rights?
If you’ve been arrested, you still have important rights, including:
- The right to remain silent
- The right to an attorney
- The right to challenge evidence at trial
- The right to a fair hearing on any protective orders
Avoid discussing your case with law enforcement or the alleged victim until you’ve spoken to a lawyer.
What You Should Do After an Arrest
- Hire a criminal defense lawyer immediately
- Comply with all court orders, including no-contact conditions
- Avoid social media posts about the case
- Start gathering evidence, including text messages, call logs, and witness information
At Martine Law, we help clients understand the legal system, navigate protective orders, and fight for a fair outcome in court.
Why Choose Martine Law
Domestic violence cases move fast. From protective orders to first appearances, you need a legal team that’s responsive and experienced.
At Martine Law, we:
- Handle each case with discretion and professionalism
- Investigate the full story
- Negotiate with prosecutors when possible
- Defend your rights in court if necessary
Reach out for a confidential consultation today.