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What does North Carolina law say about domestic violence?

On Behalf of | Aug 31, 2019 | Firm News | 0 comments

A North Carolina domestic violence charge can result in severe penalties if the prosecution is able to convince the judge that you are guilty and you receive a conviction. But what is it that the prosecution has to prove?

Here is what the North Carolina statute § 50B-1 states regarding domestic violence.

Definition of domestic violence

Domestic violence does not have to involve actual violence. You could receive a domestic violence conviction if the judge agrees that you attempted to physically harm someone who lives with you and has or had a personal relationship with you. The party who accuses you may claim that you caused him or her to fear that you would cause physical harm to the point that it creates serious emotional distress.

Actual physical injuries are domestic violence unless there is evidence that they were caused during acts of self-defense.

Forcible rape, statutory rape and other sexual offenses as defined by statutes §14-27.21 through §14-27.33 are considered domestic violence, as well.

Definition of a personal relationship

Your relationship qualifies if you are or were married to the person accusing you of domestic violence. It is also considered a personal relationship if any of the following are or used to be true of you and the other party:

  • In a dating relationship
  • Living together
  • Household members
  • Have a child together
  • Parent or acting parent

This information about domestic violence is provided as a general overview of state laws for educational purposes only. It should not be interpreted as legal advice.