30 More of the Most Common Questions about Domestic Violence Charges in North Carolina

What if the alleged victim invited me back to the house after I was arrested?​

The invitation does not override a court order. If conditions of release include a no-contact order, or a 50B protective order prohibits contact or prohibits returning to the residence, following the alleged victim's invitation could create serious legal consequences.

What if we are married and own the house together?

Ownership of the property does not necessarily determine whether you can return. Courts may restrict access to a residence regardless of whose name appears on the deed or mortgage.

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What if the alleged victim was intoxicated when they made the report?

Intoxication can become an important evidentiary issue, but it does not automatically invalidate the allegations. In trial, a Judge may consider whether alcohol may have affected perception, memory, or credibility.

What if I was intoxicated and do not remember what happened?

Lack of memory does not prevent prosecution, and it makes our position tougher in that we are going in to the first court appearance blind and will have to rely on the law enforcement and the alleged victim’s reconstruction of events.

What if the alleged victim contacted me first after a no-contact order was entered?

Do not respond. They cannot give you permission to violate a no-contact order.

What if we share a child and need to discuss school or medical issues?

This situation arises frequently. The answer depends on the specific language of the court order. It may be necessary to file a motion to modify the conditions of pretrial release if a no-contact order was entered without consideration of issues related to your child.

What if the police never actually saw any injuries?

The case for the defense is stronger if law enforcement did not see or photograph injuries. Police officers still often make arrests based on witness statements or other observations, but a lack of evidence as to injuries is a key point to use should the case go to trial.

What if the alleged victim refuses to come to court?

Your attorney can have the case dismissed if the victim repeatedly fails to appear in court. However, the prosecutor may be allowed to continue the case a number of times to attempt to compel the alleged victim to come to court.

What if the alleged victim and I got back together?

Reconciliation is common in domestic violence cases. However, getting back together does not automatically dismiss criminal charges or dissolve court orders.

What if the alleged victim tells the prosecutor they lied?

That can become a significant issue, but prosecutors often investigate why the story changed before deciding how to proceed.

What if a neighbor called 911 but neither of us wanted the police involved?

The outcome of the case will depend on what law enforcement observed on the scene, and what statements you each made. Domestic violence investigations frequently begin because a third party called law enforcement. Note, the prosecutor will ordinarily not bother to subpoena the neighbor to come to court for trial, so the neighbor’s statements will often not be admissible against you as they would be hearsay.

What if the alleged incident happened months ago?

I would consider this strong evidence in favor of the defense. Although, delayed reporting does not automatically prevent criminal charges it can weaken an alleged victim’s credibility. If this really happened, why did they wait so long to report it?

What if my child was the only witness?

Cases involving child witnesses can be particularly sensitive. Your child may or may not be called to testify depending on their age, maturity, and other available evidence.

What if the alleged victim recorded me without my knowledge?

North Carolina is a “one-party consent” recording state. In this example, the alleged victim is the one-party who consented to the recording. You can be recorded without your knowledge or consent and it will be admissible against you.

What if we were already going through a divorce when the charges were filed?

Divorce proceedings frequently overlap with domestic violence allegations. Courts are generally aware that family-law disputes can provide important context, but they still evaluate the evidence independently.

What if the alleged victim filed a 50B but no criminal charges were filed?

This is common. A 50B protective order is a civil proceeding and does not require a criminal prosecution to exist. It is still a relevant issue and can draw a witness’s credibility into question – is this really happened, why did they not contact law enforcement, or why did law enforcement decline to charge?

What if criminal charges were dismissed but the 50B remains in place?

Because the proceedings are separate, the outcome of one does not automatically determine the outcome of the other. A 50B can be granted even if criminal charges are dismissed or you are acquitted at trial because a 50B has a lower burden of proof required to be granted then a criminal conviction.

What if I accidentally violate a no-contact order?

Even seemingly harmless contact can create significant issues. You would still be arrested and charged, although not necessarily convicted, if the alleged victim contacted law enforcement, even for accidental contact. 

What if the alleged victim tagged me on social media after the arrest?

Ignore it. Online interactions can create confusion when court orders exist. Defendants should be cautious about responding or engaging in communications that may violate restrictions.

What if I need to retrieve my belongings from the residence?

Ordinarily, the Judge will order that you be allowed to retrieve your belongings and trade tools from the residence with the assistance of the Sheriff’s Office. Do not go to the residence alone without proper authorization. Not even if the alleged victim invites you.

What if the alleged victim was the one who became physical first?

That fact may be highly relevant, particularly when self-defense is raised as an issue. The specific sequence of events often becomes critical.

What if there is security-camera footage?

Video evidence can be extremely important because it may provide an objective record of some or all of the events in question. This can either be very helpful, or detrimental to a case.

What if the police body-camera footage helps my case?

We can obtain body-camera footage, but only if we are very confidant it will indeed help the case. Body-camera footage can support either side, but it is not automatically given to the defense in misdemeanor domestic violence cases. The defense is only entitled to receive it as a matter of right in felony level cases as part of discovery. There is a separate legal process for obtaining body-camera footage in misdemeanors. 

What if I am accused of violating a 50B order because of a third-party message?

Indirect communication can create legal issues in some situations. Courts often examine whether the communication was intended to circumvent an existing order. These types of cases can often be dismissed through negotiation, or are otherwise a strong candidate for trial, depending on the nature of the message.

What if the alleged victim and I work together?

Domestic violence cases involving coworkers can create additional complications because employment obligations may conflict with communication restrictions.​

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What if the alleged victim lives in another state?

If the alleged victim lives in another state, chances of a dismissal or not guilty verdict are strong in certain cases, however, domestic violence charges can still be prosecuted in North Carolina when jurisdiction exists.

What if the alleged victim apologized for making the accusation?

An apology may become relevant evidence, especially if the alleged victim admitted they were not truthful in their original accusations.

What if the alleged victim made similar allegations in a prior relationship?

This may be useful as impeachment evidence, or a court may exclude it as irrelevant. Whether that information is relevant depends on the specific facts and legal issues involved. Courts generally evaluate evidence carefully before considering unrelated allegations.

What if I was arrested even though the alleged victim asked officers not to arrest me?

This happens extremely often. If the alleged victim does not want you to be convicted, there are options to accomplish that once we are in court. Law enforcement officers make charging decisions based on their assessment of the evidence, not solely on the wishes of the alleged victim.

What if everyone involved wants the case to go away?

This is one of the most common situations in domestic violence court. Unfortunately, once criminal charges are filed, the prosecutor, not the parties, generally decides whether the case proceeds. However, both parties may hire their own attorneys to ensure their rights are asserted and that the prosecution is unable to force parties to unwillingly testify against each other.