Defending Domestic Violence Charges in North Carolina (2025)

Facing domestic violence charges is a very serious and personal matter. These matters are very emotional and affect all aspects of your life. A knowledgeable attorney can craft a defense that can minimize your penalties as much as possible. Defending domestic violence charges in North Carolina can be challenging, but not impossible with the help of an experienced attorney.

At The Law Office of Michael D. Cleaves, PLLC, we look at your case and the charges against you and build a strong defense using our knowledge and extensive experience. Our firm services clients in Statesville, Mooresville, and throughout Iredell County. We understand the legal and familial struggles you are facing and will make sure your rights are protected.

Domestic Violence Charges in North Carolina

Domestic violence is defined as certain acts—intentionally causing or attempting to cause bodily injury, placing someone in fear of imminent serious harm, or engaging in harassment that results in substantial emotional distress—against a qualifying household or personal relationship. This can be between current or former spouses, people who share a child, individuals in a dating relationship, current or former household members, or certain family members.

This abuse includes physically violent acts such as punching, kicking, and shoving, but can also include threats of violence and emotional, sexual, and financial abuse. Stalking and violating a protection order also fall under domestic abuse.

Nearly 20 people experience physical abuse by an intimate partner every minute. In just one year, nearly 10 million men and women are victims of domestic violence in the United States. It is of the utmost importance to protect the victim when these crimes occur. In North Carolina, domestic violence charges can be either a misdemeanor or a felony, depending on the circumstances.

The most severe cases can leave the victim with lifelong physical injuries or, in the worst cases, loss of life. The NCDPS’s (North Carolina Department of Public Safety) Iredell County Violence Profile found that 46% of all homicide deaths involved an argument or conflict. As of November 2025, there have been 61 murders and 17 suicides due to domestic violence in the state.

Common Defenses Against Domestic Violence Charges in North Carolina

Due to the serious nature of domestic violence, the punishments for domestic violence are quite severe. A domestic violence lawyer can craft a legal strategy to protect your rights. Some common defenses in North Carolina include the following:

• Law enforcement charged the wrong suspect. This can easily happen when a neighbor overhears an argument and calls law enforcement. By the time they arrive, the situation may look different than it actually was.
• Self-defense. This involves showing that you reasonably believed you were in danger and used force to protect yourself.
• False accusations. These occur when someone lies about you committing domestic violence, and they can be grounds for your case to be dismissed.
• Lack of proof. A skilled attorney will carefully review the evidence against you. If the evidence is inadequate or false, there is no case against you, and it can be used to challenge the prosecution.

Why Choose Us?

Our domestic violence attorney with The Law Office of Michael D. Cleaves, PLLC, understands the sensitive nature of domestic violence cases. We understand that just because you have been accused of a crime, it does not mean you are guilty, and we will go to work for you immediately to protect your rights and your reputation.

FAQs

Can Domestic Violence Charges Be Dropped in North Carolina?

Yes, domestic violence charges can be dropped in North Carolina. Charges can only be dropped by the District Attorney’s Office. This is in place in order to protect the victim from being threatened further or intimidated into asking for charges to be dropped. Lack of proof and false accusations can be a couple of the ways your defense team can pursue the DA to drop charges that have been filed against you.

What Is a Strong Defense Strategy for Domestic Violence Charges?

One strong defense for domestic violence charges is self-defense or that you were acting in the defense of someone else. Additionally, false accusations, lack of evidence, or having a strong alibi that proves that you were not present when the crime was committed are a few ways to have your case dismissed prior to trial. Your defense attorney can poke holes in the prosecution’s case and prove your innocence to the judge and/or jury.

How Do You Defend Yourself Against False Accusations of Domestic Violence?

The most effective way to defend yourself against false accusations of domestic violence is by hiring a defense attorney who can gather evidence to prove your innocence. It is also important to distance yourself from the plaintiff and the alleged victim. Try to hold your head up and only confide in close friends and relatives. Never make public postings on social media against the alleged victim.

What Three Elements Must Be Present to Prove That an Assault Occurred?

North Carolina does not use a fixed three-element test for proving assault. In general, the prosecution must demonstrate that the defendant acted intentionally and that the alleged victim reasonably feared imminent harm or otherwise experienced unlawful physical contact. The exact requirements depend on the specific assault charge involved in your case.

Hire a Domestic Violence Lawyer Today

If you have been charged with a domestic violence offense, call our office to speak with an experienced domestic violence defense attorney. Our office understands the far-reaching consequences of being accused of a domestic violence crime. Iredell County is filled with small communities where everyone knows their neighbor, and this kind of accusation can affect your standing in the community.

The Law Office of Michael D. Cleaves, PLLC, is located in Statesville and represents clients in Mooresville and throughout Iredell County. We will listen to you and build a legal strategy that protects your rights and reputation. Contact us today to meet with our attorney for an initial consultation and to discuss your case. We are here to help you.

North Carolina Domestic Violence Resources:

• North Carolina Domestic Violence Laws 2025 – All You Need to Know
• What Crimes Are Considered Misdemeanors in North Carolina? 2025