Understanding Domestic Violence Laws In North Carolina

In this article, you can discover:

• The inclusive definition of domestic violence in North Carolina, encompassing various types of relationships.
• The specifics of domestic violence charges, including ‘assault on a female’ in certain contexts.
• The separation of criminal charges and civil actions like restraining orders in domestic violence cases.

How Does North Carolina Define Domestic Violence, And What Are The Criteria For Related Charges?

In North Carolina, domestic violence is identified as any form of physical harm or abuse within intimate relationships. This definition is inclusive, covering not only male-to-female violence but also extends to same-gender couples, whether they are two males or two females. The key factor is the existence of a relationship and cohabitation, which qualify the situation as domestic violence. The most prevalent charge in such instances is ‘assault on a female,’ especially when the violence occurs between a male and a female who are or were in a relationship. However, charges can vary, often encompassing simple assaults, trespassing, injury to property, and more.

I Was Arrested In North Carolina On Domestic Violence Related Charges. What Exactly Is The Charge?

The term ‘domestic violence’ is somewhat broad, as such, the specific charge may differ. In many cases, the charge would be ‘assault on a female,’ particularly if it involves domestic violence. This charge is applied in situations where there is an assault within a domestic context, although it can also apply in other instances of male-to-female assault. It’s important to note that a domestic violence charge usually implies an assault in the context of a domestic relationship.

Is An Order Of Protection Or A Restraining Order Automatically Put In Place When Someone Is Charged With A Domestic Violence Related Offense In North Carolina?

In North Carolina, an Order of Protection, (more commonly known as a restraining order), is a legal action that stands totally separate from domestic violence charges. A charge of a domestic violence offense is a criminal matter, which could lead to jail time upon conviction. Conversely, a restraining order is a civil directive. It doesn’t involve jail time but imposes certain restrictions, such as maintaining a distance from the victim or refraining from communication. Being charged with a domestic violence offense, like assault on a female, does not automatically result in a restraining order. A separate process is required to obtain such an order.

If An Alleged Victim Changes Their Story After Domestic Violence Related Charges Are Filed In North Carolina, Does That Mean That The Charges Against Me Will Be Dropped?

If an alleged victim retracts or alters their account of events after filing domestic violence charges, it significantly impacts the case. This alteration can lead to the district attorney deciding to dismiss the case. While it’s not a certainty in every instance, there’s a high likelihood of charges being dropped or dismissed if the victim changes their story, as this undermines the prosecution’s ability to present a consistent and credible narrative. For more information on Domestic Violence Related Charges In NC, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (704) 324-8500 today.