Domestic violence is a crime that touches the lives of many people in North Carolina. That is precisely why the state takes claims of domestic violence crimes very seriously and prosecutes them to the fullest extent of the law.
However, there are several things about how North Carolina deals with domestic violence that people aren’t familiar with. Often, these things are overlooked by people who may be involved in a domestic violence case – but they shouldn’t be.
If you’re involved in a domestic violence case, there are five very important things you should know about domestic violence in North Carolina.
There Are Two Types of Domestic Violence Actions
When most people think of domestic violence, they think of a criminal case. While it is true that domestic violence can spur a number of criminal charges in the state, such as assault and harassment, that’s not the only action that can be taken against someone accused of domestic violence.
Sometimes in addition to or instead of criminal charges, a civil protective order is sought in a case. This order, also sometimes called a restraining order, can result in the person accused of domestic violence not being able to go near the victim for a period of time – typically one year. Other conditions can be imposed by this order as well.
The Victim Can Not Allow a Violation of the Protective Order
If a protective order is granted to a domestic violence victim, it is not within their power to violate it by allowing the person named in the order to come near them.
It can be difficult to stay away from someone who you are married to or share a residence with, but violating the protective order is its own crime and you can be prosecuted for it separate from any domestic violence charges. Even if the victim initiates contact, it’s best to obey the order.
Police Don’t Have to Show Up for Arrest
Even those who never have the police called on them for a domestic violence dispute can face criminal charges and arrests. In North Carolina, the police are not required to come to the scene in order for an arrest warrant to be issued.
If there is probable cause for a warrant, the court will grant it and that can lead to an arrest.
You Don’t Have to Touch Someone to Commit a Crime of Domestic Violence
When people think of domestic violence, they often think of assault or some type of physical force being used against a person, but that’s not all the law considers.
Domestic violence crimes can also be committed through other actions such as harassment or threats. No physical contact has to be made for a case to be considered a domestic violence case.
Who the incident occurs between is what defines it. In North Carolina, domestic violence can occur between those who are married or have been, anyone who has been or is involved romantically, those who have a child together, or those that reside in the same household.
Those Arrested Are Held
If you are arrested for a crime of domestic violence, then you will face a 48-hour hold in jail as you await your bond to be set. The magistrates are not authorized under state law to set a bond in cases involving domestic violence until 48 hours have passed.