Introduction
Being accused of domestic violence in North Carolina is a serious matter. Even before a court determines guilt or innocence, the accusation alone can damage your reputation, limit your freedom, and affect your employment, housing, and custody rights.
If you find yourself facing a domestic violence allegation in North Carolina, it is critical to act swiftly and strategically. This guide will help you understand what domestic violence means under NC law, what to expect after an accusation, and what steps you must take to protect your legal rights.
What Is Considered Domestic Violence in North Carolina?
Under North Carolina General Statutes § 50B-1, domestic violence includes attempts or actual acts of:
- Causing bodily injury
- Placing someone in fear of imminent serious injury
- Continued harassment that causes emotional distress
- Sexual assault
To be considered “domestic,” the alleged victim must have a specific relationship with the accused, such as:
- Current or former spouse
- Roommate
- Someone you are dating or previously dated
- Parent of your child
- Family member
North Carolina courts take domestic violence seriously and often act quickly, sometimes issuing emergency protective orders before the accused even learns of the allegations.
What Happens Immediately After a Domestic Violence Accusation?
When someone accuses you of domestic violence in North Carolina, they may also request a Domestic Violence Protective Order (DVPO) — often referred to as a “50B Order.”
Step 1: Ex Parte Order
The alleged victim may obtain an emergency order without you being present. This temporary order can:
- Remove you from your home
- Prevent you from contacting the alleged victim
- Grant temporary custody of children
- Order you to surrender firearms
This order typically lasts 10 days until the next hearing.
Step 2: Full Hearing
A full hearing is scheduled within those 10 days. You’ll have the chance to appear, present your side of the story, bring witnesses, and cross-examine the accuser.
If the judge grants a full DVPO, it may last up to one year, with potential for renewal.
What Should You Do First?
1. Do Not Contact the Accuser
Even if the accusation is false or exaggerated, contacting the alleged victim can make things worse. Violating a protective order, even unintentionally, is a criminal offense and could result in your immediate arrest.
2. Hire a Criminal Defense Attorney Immediately
You need a lawyer who understands North Carolina domestic violence laws and has experience handling false or exaggerated accusations. At Martine Law, we help clients respond quickly, preserve evidence, and challenge unreliable claims.
3. Gather Evidence
Your legal team will need to assess the full context of the accusation. You can help by collecting:
- Texts, emails, or social media messages
- Voicemails or call logs
- Security footage (home or public)
- Witness statements from neighbors, coworkers, or family
- Medical records or photos showing no signs of violence
What If the Accusation Is False?
Unfortunately, false allegations happen — often during custody battles, breakups, or divorce proceedings. In North Carolina, even unverified claims can lead to protective orders and criminal charges.
Your lawyer may argue:
- Lack of physical evidence
- Inconsistencies in the accuser’s story
- Motive for false allegations (e.g., custody dispute)
- Your character and prior behavior
It’s not enough to simply state “it’s not true.” You need to build a strong, fact-based legal defense.
Can You Be Arrested Without Physical Evidence?
Yes. In many cases, an officer may arrest you based on probable cause, which could be:
- The accuser’s statement
- Witness testimony
- Injuries or property damage
- 911 call audio
This is why it is essential to remain calm and avoid arguing with police or the accuser. Exercise your right to remain silent and speak to an attorney as soon as possible.
Penalties for Domestic Violence in NC
Depending on the severity of the alleged act, charges may include:
- Misdemeanor assault (Class A1 or Class 1)
- Felony assault (especially in cases involving weapons or serious injuries)
- Stalking or harassment
- Violation of a DVPO
Penalties can include:
- Jail time (ranging from a few months to years)
- Probation or parole
- No-contact orders
- Mandatory anger management or batterer intervention programs
- Loss of firearm rights
How Domestic Violence Allegations Impact Custody
Even without a conviction, a domestic violence accusation can impact child custody decisions.
Judges will consider:
- Whether the child witnessed the incident
- Whether the alleged abuse was directed at the child or parent
- The seriousness and credibility of the allegations
In some cases, a parent may be granted only supervised visitation — or no visitation at all — until the matter is resolved.
What to Expect in Court
At the DVPO hearing or a criminal trial, your defense attorney may:
- Present your side of the story with evidence and witnesses
- Cross-examine the accuser and expose inconsistencies
- Argue that the legal standard for domestic violence is not met
- Negotiate with prosecutors for a dismissal or reduced charge
Outcomes may include:
- Dismissal of the DVPO
- Finding of no criminal wrongdoing
- Alternative sentencing like counseling instead of jail
- Expungement eligibility in the future
Long-Term Impact of a Conviction
A domestic violence conviction in North Carolina may remain on your criminal record permanently unless expunged (under certain circumstances). It may also affect:
- Employment (especially if your job requires security clearance)
- Housing applications
- Custody and parenting rights
- Immigration status (for non-citizens)
This is why hiring a skilled attorney is critical even for first-time offenders or minor allegations.
Final Tips: What You Should Avoid
- Don’t post about the situation online
- Don’t talk to mutual friends about the case
- Don’t ignore legal notices or court dates
- Don’t try to “clear the air” with the accuser
Every move you make can affect your case. Let your attorney guide your responses.
Get Help from Martine Law
Facing a domestic violence accusation can feel like the whole world is against you. But you are not alone.
At Martine Law, we help people across North Carolina protect their rights, their freedom, and their future. We handle everything from protective order hearings to full criminal trials with the attention and care you deserve.
Contact us today for a confidential consultation.