North Carolina Domestic Violence Laws 2025 – All You Need to Know

Domestic violence can have an effect on many North Carolinians. The North Carolina Coalition Against Domestic Violence (NCCADV) reported a 69.8% increase from 2018 to 2024 in people seeking victim support. It is important to stay up to date on North Carolina domestic violence laws, as many citizens will be impacted by these laws and regulations.

Definition and Criteria for Domestic Violence

In North Carolina, domestic violence is defined under Chapter 508 of the North Carolina General Statutes. It includes violent or threatening acts committed against another person or child by someone with whom the victim has or had a personal relationship, such as spouses, partners, roommates, parents, or other family members.

35.2% of women and 30% of men in North Carolina experience domestic violence in their lifetimes, but fortunately, all 100 counties in the state are served by a local agency.

Acts of domestic violence can include:

• attempting to or intentionally causing bodily injury
• putting someone in fear of imminent serious bodily injury
• putting someone in fear of continued harassment
• sex offenses
• stalking
• threats
• domestic criminal trespass
• violating a protection order

Protective Orders and Consequences of Violating Them

Domestic violence protective orders (DVPOs), also known as 50B orders, are available to victims of domestic violence to protect them from their alleged perpetrators. The order can include:

• prohibiting contact between the victim and the alleged perpetrator
• granting the victim exclusive possession of the family home
• ordering the alleged perpetrator to stay away from the victim’s workplace, school, or other locations
• ordering temporary child custody or support
• prohibiting the perpetrator from owning firearms

A DVPO can be either temporary or final. A temporary DVPO is issued quickly in an emergency to provide immediate protection for the victim. This order will last until a court hearing can be held. A final DVPO is issued after the court hearing.

Violating a DVPO begins as a Class A1 misdemeanor, but it can escalate up to a felony if the order has been violated repeatedly or the violation included a deadly weapon. This could mean incarceration, fines, alcohol or drug assessments and treatment, and probation for the alleged violator.

Legal Consequences of Domestic Violence in North Carolina

The potential legal consequences and the classification of a domestic violence conviction are based on the severity and the unique circumstances of the case. Misdemeanor domestic violence includes simple assault, assault on a female, violating a court-issued protection order, or attempting to use physical force or threatening to use a deadly weapon.

Domestic violence usually begins as a misdemeanor, but certain circumstances can elevate it to felony charges. This includes committing the crime with a deadly weapon, strangulation, sexual assault, aggravated assault, or violating a DVPO.

On top of fines, restitution, and probation, a person convicted of domestic violence can experience substantial jail or prison sentences.

• Class A1 Misdemeanor: Maximum of 150 days incarceration, and as codified in G.S. 14-32.5, anyone convicted can lose their firearm rights.
• Class 2 Misdemeanor: Maximum of 60 days incarceration
• Class B1 Felony: Up to life incarceration without parole, or if it involves sexual violence, the alleged offender will most likely need to register as a sex offender.
• Class C Felony: 44-182 months incarceration
• Class E Felony: 15-63 months incarceration
• Class F Felony: 10-41 months incarceration
• Class H Felony: 4-25 days incarceration

Collateral Consequences of a Domestic Violence Conviction

Even after incarceration and probation periods are completed, the impact of a conviction can continually impact a person’s life. Individuals can face challenges in securing employment and housing due to their criminal record and the stigma surrounding it, especially if employers and landlords complete background checks.

Work licenses, educational opportunities, and access to public benefits can be impacted. This may put even more barriers up for individuals who are trying to get back on their feet. Additionally, those convicted can lose their firearm rights, right to vote, and their child custody and visitation rights.

FAQs

Q: What Is Considered Domestic Violence in North Carolina?

A: Domestic violence includes any violent or threatening behaviors perpetrated against another person with whom the perpetrator has or had a personal relationship. This includes current or former spouses, roommates, parents, children, boyfriends, and girlfriends. Domestic violence is not only physical violence but any act intended to cause bodily harm, harassment, threats, stalking, and unwanted sexual actions.

Q: Can the Victim Drop Domestic Violence Charges in North Carolina?

A: In North Carolina, individuals who report domestic violence cannot personally dismiss the charges. Once a case is initiated, only the prosecutor has the power to withdraw it. Even if the victim chooses not to support the prosecution, the state can continue pursuing the case without their involvement.

Q: What Is the Difference Between a 50B and a 50C Order?

A: The difference between a 50B and a 50C order is the relationship between those involved. A 50B, or a DVPO, is meant for situations that involve people who have had a personal relationship, such as family members, roommates, or romantic partners. A 50C, or a civil no-contact order, is intended for cases where the people involved do not have a personal relationship, such as situations of stalking or sexual assault.

Q: What Happens If Someone Violates a DVPO in North Carolina?

A: In North Carolina, breaking the terms of a Domestic Violence Protective Order (DVPO) is considered a criminal offense rather than merely a civil matter. This violation can result in an immediate arrest, charges for a Class A1 misdemeanor, mandatory jail time of up to 150 days, fines, and the issuance of a warrant if the individual isn’t taken into custody right away. If there are aggravating circumstances or repeated offenses, the penalties may increase and could be elevated to felony charges.

Reach Out to a North Carolina Domestic Violence Attorney

Understanding the laws and regulations of domestic violence in North Carolina is important for those who are experiencing it or have been accused of the crime. It can be extremely traumatic and confusing, and understanding the legal ramifications can empower you to seek appropriate protection and get you through this challenging situation.

Whether you are confronting the possibility of restraining orders, counseling, or incarceration, you need an experienced legal advocate by your side. Reach out to The Law Office of Michael D. Cleaves, PLLC, to arrange an initial consultation, discuss possible defense strategies tailored to your case, and get help understanding the complicated legal procedures. If you are located in Iredell County or anywhere in North Carolina, it’s important that you have legal support.

See Related Posts:

• What Crimes Are Considered Misdemeanors in North Carolina? 2025
• Domestic Assault Allegations Can Take Diverse Forms
• What Should I Do if Somebody Accuses Me of Domestic Assault?