In North Carolina victims of domestic violence are protected by both civil and criminal laws. Domestic violence can be physical, emotional or sexual or financial. Certain types of harassment or emotional abuse can happen through all types of communication, including written, telephone, fax, e-mail, or voicemail.
Civil Laws
Victims of domestic violence can apply for a Domestic Violence Protective Order, which is a civil court order signed by a judge that offers protection to victims.
Criminal Laws
Most criminal domestic violence cases in North Carolina are prosecuted through general criminal statutes, not specific domestic violence laws. Any crime can be an act of domestic violence if perpetrated in a domestic violence context.
If a judge determines a "personal relationship" exists between the persons involved, he or she can impose special terms of probation such as requiring the defendant to undergo medical or psychiatric treatment and remain in a specified institution if necessary for such treatment, attend or reside in a facility that provides rehabilitation, counseling, treatment, training, or residence for people on probation, successfully complete a Drug Treatment Court Program, abstain from consuming alcohol and submit to continuous alcohol monitoring, and require the defendant to remain at home except for specified purposes, such as employment or school.
What Protections Are Available In Addition to Criminal Prosecution?
There are several remedies and legal protections available for victims of domestic violence in North Carolina. These may include:
The following table highlights the main provisions of the North Carolina's Domestic Violence Laws. See Stalking and Filing a Domestic Violence Lawsuit for more information.
| Code Sections | NCGS § 50B-1 et. seq. |
| What Protections are Available? | Civil and Criminal |
| What is Prohibited? | •Attempting to or intentionally causing bodily injury; •Placing someone or a member of someone’s family or household in fear of imminent serious bodily injury; •Committing a sexual offenses such as rape; •Placing someone in fear of continued harassment that is so bad it inflicts substantial emotional distress on the victim; and •Conduct that torments, terrorizes, or terrifies a person. |
| Personal Relationship Requirement |
|
| Common Misdemeanor DV Crimes | • Assault on a FemaleCommunicating Threats • Assault by Pointing a Gun • Domestic Criminal Trespass • Harassing Phone Calls • Injury to Pregnant Woman • Injury to Personal Property • Assault Inflicting Serious Injury • Assault with a Deadly Weapon • Stalking (Can be a felony in some situations) • Interference with Emergency Communication • Violation of a Protective Order (Can be a felony in some situations) • Assault in the Presence of a Child • Sexual Battery |
| Common Felony DV Crimes | • Rape • Sexual Offenses • Non-fatal Strangulation |
| Penalties | *Factors such as prior offenses or history of domestic violence help determine the severity of the punishment. Sentence may also include a restraining or protective order.* Misdemeanors: Up to 150 Days in Jail, Anger Management classes, Community Service, Fines, and Restitution to the victim(s). Felony: See Felony Sentencing Grid |
| Types of Protective Orders Available | DVPO |
Resources
Because domestic laws can sometimes get complicated, it may also be a good idea to consult an experienced North Carolina domestic violence lawyer if you have questions about your specific situation.
