Few criminal charges create more immediate chaos in a person's life than a domestic violence allegation. In many criminal cases, a person receives a citation, gets a court date, and goes home. A domestic violence case is often very different.

 

One argument can suddenly turn into an arrest. A person may find themselves sitting in jail wondering how things escalated so quickly. By the time they are released, they may be prohibited from returning home, contacting their spouse, or even seeing their children. In some situations, they are simultaneously dealing with criminal charges, a 50B protective order, and a custody dispute.

 

To make matters worse, many people have no prior experience with the court system. They are trying to understand unfamiliar legal terms while dealing with one of the most stressful situations of their lives.

 

The purpose of this guide is to explain how domestic violence cases work in North Carolina, what happens after an arrest, how criminal charges interact with protective orders and custody disputes, and what issues often become important when these cases are litigated.

 

This guide is written primarily for people facing domestic violence allegations in Rowan County, Davie County, and Davidson County, but many of the general principles apply throughout North Carolina.

 

Before discussing defenses, court procedures, and possible outcomes, it helps to understand what is actually meant when they use the term "domestic violence" is used.

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What Is Domestic Violence in North Carolina?​

Domestic violence charges are different from other allegations because a certain statutorily defined personal relationship must exist between the parties for it to be “domestic violence.”

 

The relationships that qualify as a personal relationship for domestic violence cases are:

 

• Current or former spouses

• Persons of the opposite sex who live together, or have lived together

• Parents and their children, or a person acting as a parent to a child

• Grandparents and grandchildren

• People who have a child together

• Current or former household members

• Persons of the opposite sex who are in a dating relationship, or have been in a dating relationship

 

As a practical matter, the domestic relationship frequently creates consequences that extend beyond the criminal charge itself.

 

For example, a bar fight between two strangers and an argument between spouses may both result in assault charges. However, the spouse accused of assault may also face:

 

• No-contact conditions of release

• Removal from the family home

• A 50B protective order

• Custody implications

• Visitation issues

• Firearm restrictions

 

That is why domestic violence allegations often become much more complicated than other misdemeanor assault cases.

 

The Most Common Domestic Violence Charges in North Carolina

Although many criminal offenses can arise from domestic disputes, several charges appear repeatedly in North Carolina courtrooms.

 

Assault on a Female

Assault on a Female is one of the most frequently charged offenses in domestic violence cases. Assault on a Female can be charged when the State alleges that a male who is at least eighteen years old committed an assault against a female.

 

Simple Assault

Simple Assault is another charge that appears frequently in domestic violence cases. The legal definition of assault is broader than many people expect. In North Carolina, assault is not just battery, but can also be an attempted physical contact or placing another person in fear of imminent harmful bodily contact.

 

Assault by Strangulation

Assault by Strangulation is one of the more serious charges commonly associated with domestic violence allegations. Assault by Strangulation is a Class H felony.

 

Communicating Threats

Not every domestic violence case involves physical contact, and oftentimes the allegation centers only on threatening statements. These cases often depend heavily upon context.

 

• What exactly was said?

• Who heard it?

• How was it interpreted?

• How would a reasonable person have interpreted the statement?

 

Stalking and Related Offenses

Certain domestic violence allegations involve repeated unwanted contact rather than a single isolated incident. Modern technology has dramatically increased the amount of evidence available in these cases: text messages, call logs, social media, and other electronic records can all be valuable evidence either for or against a Defendant charged with a crime like stalking or cyberstalking.

 

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What Happens After a Domestic Violence Arrest?​

One of the most difficult parts of a domestic violence case is that the consequences often begin long before anyone has been convicted of anything. In many criminal cases, a person is charged, given a court date, and allowed to continue with life largely as normal while the case moves through the court system. However, domestic violence cases work differently.

 

After being charged with a crime involving domestic violence, a person may not be allowed to return to their residence, to contact their spouse, to communicate with another person who was involved in the incident, and they may be required to surrender firearms to local authorities or submit to additional burdensome conditions of pretrial release. Many individuals find that they are placed on leave from their jobs while the charges are pending.

 

The Initial Investigation

Most domestic violence cases begin with a 911 call. Sometimes the alleged victim makes the call, or sometimes a family member does. Often a neighbor hears an argument and contacts law enforcement. In most cases, law enforcement will not have witnessed the incident and will try to determine what happened based on:

 

• Statements from the people involved.

• Physical evidence.

• Visible injuries.

• Statements from other witnesses.

 

All too often, law enforcement will simply charge both parties, both the aggressor and the victim, with crimes of domestic violence and leave it to the courts to figure out what really happened. Law enforcement will often issue charges even when the people involved expressly say they do not want the other person charged.

 

Conditions of Release

In addition to setting a secured bond, which will typically range from $2,000.00 to $5,000.00 but can often be more or less, and depending on the circumstances, a court will usually prohibit contact between the parties, or the court may only issue an order prohibiting assaultive, threatening, or harassing contact. A no-contact order often restricts a person from returning home. These conditions of release remain in effect even if the alleged victim wants to communicate with the person charged. The alleged victim cannot give you permission to violate the no contact order.

 

Unlike most other charges, conditions of release for a crime of domestic violence can only be set by a District Court Judge, and not by a magistrate. Under North Carolina’s Pretrial Integrity Act, people charged with a crime of domestic violence must have their conditions of release set by a District Court Judge within 48 hours of their arrest, and only if after 48 hours have passed and no District Court Judge is available will a magistrate judge be able to set conditions of release. The practical effect of this is that if you are arrested on the weekend or a holiday, you will be held in jail throughout the weekend or holiday without bond, even if you would otherwise have the financial ability to make bond.

 

If a District Court Judge sets conditions of release, the Defendant will usually be advised of their right to counsel at the same time, and will be given the choice of representing themselves, hiring an attorney, or being given a court-appointed attorney or public defender if they cannot afford to hire their own attorney.

 

Going to Court for Domestic Violence

After conditions of release have been set, a Defendant will be released if they are able to make bond, often through the assistance of a bail bondsman, or they will continue to be held in custody in county jail until their next court date if they cannot make bond. At the court date after the initial court appearance to set conditions of release, the alleged victim will ordinarily be subpoenaed to appear in court and testify. It is at this first court date that I am often able to determine which direction the case will take and whether a dismissal can be negotiated, a plea agreement reached, if the case will need to be set for trial, or whether some alternative resolution might be reached.

 

It is rare for the case to be resolved on the first court date, and it may be continued multiple times to subsequent new court dates as necessary, or for strategic reasons.

 

Domestic Violence Protective Orders (50B)

A Domestic Violence Protective Order (“50B”) is a separate civil proceeding, that often accompanies a criminal charge based on the same allegations. The hearing for your 50B may even coincide with the day of the hearing for the criminal charge(s), but it will be held in a different courtroom and in front of a different Judge. 50Bs and criminal charges also have different standards of proof – conviction for a criminal charge requires the high burden of proof beyond a reasonable doubt, whereas a 50B can be granted based on a lower burden of only the preponderance of the evidence.

 

When both criminal charges and a 50B are pending, careful planning and strategic execution are required to ensure each is handled in a way that doesn’t negatively impact the other. For example, 50B hearings are recorded, and that audio recording can be obtained by the prosecution to use against you in the criminal case.

 

A Domestic Violence Protective Order, if granted, is effective for one year, but it can optionally be renewed from year to year by the alleged victim. 50Bs can also include provisions for custody, child support, firearm possession, and mandatory classes and abuser treatment programs.

 

Domestic Violence Allegations and Child Custody

One of the reasons domestic violence cases are uniquely challenging is that they frequently overlap with family court. A simple assault case involving two strangers is generally confined to criminal court. Domestic violence cases often are not. When children are involved, the consequences can extend far beyond criminal liability and into custody disputes, visitation issues, protective-order proceedings, and even into other family-law matters like separation, divorce, child support, and alimony.

 

At some point, almost every parent facing domestic violence allegations asks the same question: "Am I going to lose my children?" There is no automatic rule that a domestic violence allegation results in the loss of custody, and an arrest alone does not determine the outcome of a custody case. At the same time, courts are required to consider the best interests of the child. Allegations involving violence, threats, intimidation, or unsafe conduct often receive significant attention because judges are tasked with evaluating whether a particular custody arrangement promotes the child's welfare and safety, especially if children were present when the domestic violence occurs.

 

Evidence introduced during a custody hearing frequently becomes relevant in the criminal case. The same witnesses frequently appear in both proceedings, and the same underlying facts are often being examined by multiple courts at the same time. For that reason, it is not enough to focus on only the criminal charge or only the custody dispute. Effectively managing a domestic violence allegation requires a broader view and strategy that accounts for the entire overall legal situation.

 

Evidence in Domestic Violence Cases

The primary evidence in a domestic violence case, whether it is a criminal charge or 50B, will almost always be oral testimony from the alleged victim, and potentially from the Defendant and/or other eyewitnesses.

 

Electronic communications like text messages, emails, social-media messages, and other digital communications are also used frequently as evidence.

 

Photographs remain another common source of evidence. Photographs are often used to show injuries, or property damage. However, photographs rarely tell the entire story. The timing of the photographs matters. The quality of the photographs matters. In some cases, the absence of photographs becomes an issue in its own right.

 

Self-defense is often discussed in domestic violence cases, but whether it applies depends entirely on the facts. Not every physical confrontation has a clear aggressor. In some situations, a person may use force because they believe they are protecting themselves from imminent harm. Determining whether that belief was reasonable requires a detailed examination of what happened, the sequence of events, and the evidence available to support each account. Similar principles apply when someone claims they acted to protect another person.

 

Many domestic violence cases ultimately rise or fall on credibility. Do statements remain consistent over time? Do later statements conflict with earlier statements? Does the physical evidence support the allegations being made? Do text messages, recordings, or witness testimony reinforce or undermine a particular version of events?

 

Domestic violence cases rarely exist in isolation. The criminal charge matters, but so do any protective-order proceedings, custody disputes, practical consequences, and long-term implications. A person facing domestic violence allegations is often navigating several legal issues at the same time. Understanding how those issues fit together and how evidence affects each of them is one of the most important parts of successfully navigating the process.

 

Domestic Violence Cases in Rowan, Davidson, and Davie Counties

Although North Carolina's domestic violence laws apply statewide, the experience of moving through the court system is highly localized. A person charged with Assault on a Female, Assault by Strangulation, Communicating Threats, or another offense in Rowan County is subject to the same statutes that apply in Davie County or Davidson County. The elements of the offense do not change from one county to another, nor does the State's burden of proof. What differs is the court system itself. Judges, prosecutors, opposing counsel, court calendars, and local rules, procedures, and customs vary widely from county to county, and those practical differences affect how a case progresses.

 

This is one reason generic information found online is often of limited value. Many articles about domestic violence charges are written without any connection to the jurisdiction where the case will actually be heard. Someone facing charges in Salisbury is concerned with what will happen in Rowan County District Court, not how a similar case might proceed in Raleigh or Charlotte. The same is true for defendants appearing in Mocksville or Lexington.

 

While no attorney can guarantee the outcome of a case, familiarity with the local courts often helps clients better understand the process, anticipate potential issues, and make informed decisions as their case moves forward. This is why I recommend that anyone facing domestic violence allegations consult with an attorney who regularly practices in that specific jurisdiction. Only a local attorney who is intimately familiar with the particular judges, district attorneys, opposing counsel, court personnel, and courthouse policies will be able to give you the most effective legal advice and representation for your situation.

 

One of the most common mistakes people make is comparing their case to something they heard from a friend, coworker, or family member. They may take legal advice from friends and family, or even worse, from law enforcement. Domestic violence cases are highly fact-specific and similar charges can produce very different results depending on the evidence, the parties involved, the procedural history of the case, and the legal issues presented. Meaningful case evaluation requires looking at the individual circumstances rather than relying on comparisons to unrelated cases.

 

How Domestic Violence Cases End in North Carolina

The conclusion of any domestic violence case depends on the evidence, the credibility of witnesses, the legal issues involved, and how the case develops over time. Two individuals facing the same charge may have very different outcomes because the underlying facts, available evidence, attorneys and judicial staff involved, and procedural circumstances can be completely different.

 

Domestic violence cases in North Carolina generally conclude through dismissal, a negotiated plea agreement, or a trial. Which path a case follows often becomes clearer only after the evidence has been thoroughly reviewed and the first court date has passed.

 

Dismissals occur for many reasons. Witnesses may become unavailable (or make themselves unavailable if they are unwilling to cooperate in prosecuting), evidence may prove less persuasive than initially believed, or further investigation may uncover facts that were not known when charges were filed. In some cases, prosecutors determine that the available evidence is insufficient to establish guilt beyond a reasonable doubt and agree to voluntarily dismiss the case at a defense attorney’s request. In other cases, procedural or evidentiary issues affect the State's ability to proceed. Modern domestic violence investigations can involve body-camera footage, 911 recordings, text messages, photographs, medical records, and social media communications. Those materials often provide a more complete account of events than what was available during the initial investigation.

 

Not every case presents a realistic opportunity for dismissal. Some prosecutions are supported by substantial evidence, multiple witnesses, admissions, recordings, photographs, or other forms of corroboration. Evaluating a case requires an objective review of the evidence rather than assumptions about how it should end. The strongest legal strategies are usually built on a clear understanding of the facts and the available evidence.

 

Most domestic violence cases are resolved without a trial. Negotiated resolutions are common in both misdemeanor and felony cases, and North Carolina law provides a variety of potential outcomes depending on the circumstances. The reasons for resolving a case short of trial vary considerably. In some situations, a defendant may seek certainty and finality. In others, the prosecution may recognize weaknesses or challenges in proving the allegations. Any proposed resolution should be evaluated carefully, with attention not only to the immediate outcome but also to its long-term consequences.

 

Consequences of conviction often extend far beyond the possibility of incarceration. A criminal conviction may affect employment opportunities, professional licensing, future criminal proceedings, immigration status, child custody disputes, and firearm rights. Both North Carolina law and federal law impose restrictions in certain circumstances involving domestic violence-related convictions and protective orders. For many individuals, these collateral consequences have a greater long-term impact than the sentence imposed by the court. Additionally, many domestic violence cases involve charges for violent crimes, and convictions for violent crimes can never be expunged from an individual’s criminal record.

 

When a case proceeds to trial, the focus turns entirely to the evidence. Witnesses will testify, exhibits may be introduced, legal objections may be lodged, and the judge or jury determines whether the State has proven the charge beyond a reasonable doubt. Trials in District Court are always in front of a judge without a jury. Trials in Superior Court can be in front of only a Judge, or can have both a Judge and Jury, with the jury trial being the most common choice. Domestic violence trials frequently involve competing accounts of the same incident, making credibility a significant issue. The finder of fact, whether that is the jury or a judge, must decide which testimony is reliable and whether it is supported by the other evidence presented.

 

The State bears the burden of proving every element of a criminal offense beyond a reasonable doubt. A defendant is not required to prove innocence. This principle applies in domestic violence cases just as it does in every other criminal prosecution. Regardless of the nature of the allegations, the prosecution must establish its case through competent and admissible evidence.

 

About Attorney Jake Kruger

Attorney Jake Kruger represents clients facing domestic violence charges and 50B protective-order proceedings in Rowan County, Davie County, and Davidson County. Because his practice includes both criminal defense and family law, he regularly handles cases involving not only criminal allegations and 50Bs, but also related custody disputes and other family-law issues.

 

Based in Salisbury, North Carolina, Jake Kruger focuses on helping clients understand their options, evaluate the evidence, and navigate the legal and practical consequences that often accompany domestic violence allegations.

 

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Related Domestic Violence Resources

For more detailed information about specific issues discussed in this guide, see:

 

Can the Alleged Victim Drop Domestic Violence Charges in North Carolina?

The 30 Most Common Questions About Domestic Violence Charges in North Carolina

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