DOMESTIC VIOLENCE

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Pursuant to North Carolina law, a person arrested for a domestic violence offense might face 48 hours in jail before being allowed to post whatever bond is set. After finally being released, there will be conditions placed on you for the duration of the criminal case. Typically, these generally include no contact with the alleged victim, not being able to go to your home, and sometimes no contact with other loved ones depending on the case.

A court date will be set and for some, they will also be served with a temporary restraining order. The accused can request that the restraining order be extended for one year. This is a separate court setting in Civil court. It is not uncommon for a domestic violence defendant to have to deal with two separate court dates with possibly two separate punishments for being accused of one instance of domestic violence. More information on domestic violence protective orders can be found below.

How is Domestic Violence Defined in North Carolina?

Most people would only consider an act of physical violence between spouses or partners to be domestic violence. Even though this is commonly the case, it in no way encompasses the many other ways that these types of charges arise. Domestic violence can occur between any two people in a personal relationship, whether it be spouses, exes, family members, or sometimes roommates. Also, a person can be charged with a domestic violence crime without anyone being physically harmed. Sometimes the threat of imminent physical harm is enough to satisfy the specific statute.

Intent to harm

Causing actual physical harm (assault)

Commission of a sex crime (rape, battery, etc.)

Harassing Phone Calls or Other Communications

Child abuse

Being convicted of a domestic violence offense could land someone with a probationary sentence or jail time. These convictions can carry even bigger consequences with regards to someone’s criminal record. Most employers and landlords look at domestic violence convictions with more scrutiny that other types of crimes, and gaining employment or finding a place to live can become terribly difficult. Your right to own or possess a firearm can also be taken away in some cases.

Domestic Violence Protective Orders in North Carolina

A Domestic Violence Protective Order (DVPO), or commonly referred to as a 50B or restraining order, is a specific type of civil protection tailored for victims of domestic violence. These types of orders give victims very broad protections against further offenses and also gives the police broad power to arrest anyone that violates the 50B order. With these broader protections come more severe punishments which include being charged with a serious criminal offense. The criminal offense of violating a 50B order can carry up to 150 days in jail. Just like a domestic violence charge, it is very important that you seek out an experienced DVPO defense attorney to help you navigate this process.

Finding the Right Domestic Violence and DVPO Attorney

You don’t have to face domestic violence accusations or a DVPO hearing alone. Jennifer Karpowicz is a former Assistant District Attorney and District Court Judge who has handled a large number of domestic violence cases both as a prosecutor and a Judge. Jennifer also has extensive experience in 50B hearings and routinely handles both the criminal and civil cases for his clients charged with domestic violence. Our firm knows what’s at stake in these cases. There is usually much more on the line than just someone’s criminal record. Use an attorney with an unparalleled knowledge of how both sides work.  