This page was written, edited, reviewed & approved by Justin C. Olsinski following our comprehensive editorial guidelines. Justin C. Olsinski, the Founding Partner, has 16+ years of legal experience as an attorney.
Many people assume that domestic violence refers only to physical assault between spouses. In North Carolina, the definition is significantly broader than that, covering a range of conduct and a wide variety of relationships. Understanding what legally constitutes domestic violence in Charlotte is important, whether you have been accused of it, whether you are a victim seeking protection, or whether you are trying to understand how a 50B protective order or criminal charge might affect your life. At The Olsinski Law Firm, our Charlotte attorneys handle both the criminal defense side and the family law consequences of domestic violence cases throughout Mecklenburg County.
North Carolina defines domestic violence in N.C.G.S. Chapter 50B, the Domestic Violence chapter, as conduct against a person with whom the defendant has a personal relationship that falls into one of the following categories:
Notice that physical contact is not required for domestic violence under North Carolina law. Threatening conduct that places someone in reasonable fear of serious bodily injury can qualify. Repeated harassment that causes substantial emotional distress can also qualify even without any threat of physical harm.
The domestic violence statute applies when the conduct occurs against someone with whom the defendant has a qualifying personal relationship. These relationships include:
The law's inclusion of dating relationships means that two people who have never lived together and were never married can still be subject to domestic violence law if they are or were in a romantic relationship. Same-sex couples are fully covered under North Carolina law.
It is important to understand that a domestic violence allegation can result in two separate legal proceedings: a criminal case in district court, and a civil proceeding for a Domestic Violence Protective Order (DVPO) under Chapter 50B. The civil proceeding to obtain a protective order uses a lower burden of proof, preponderance of the evidence, compared to the criminal case, which requires proof beyond a reasonable doubt. A person can obtain a protective order based on conduct that may not result in a criminal conviction. Both proceedings, however, can affect housing arrangements, firearm possession, and child custody.
Physical domestic violence includes any touching done in a harmful or offensive manner without the other person's consent: hitting, slapping, pushing, choking, biting, scratching, or using a weapon. Strangulation is treated as particularly serious and is automatically a Class H felony in North Carolina, even without visible injury.
Conduct that places a person in reasonable fear of imminent serious bodily injury qualifies as domestic violence even without physical contact. This includes verbal threats, threatening gestures, brandishing a weapon, and blocking a person's exit from a room. The fear must be of imminent serious harm, not speculative future harm.
Sexual offenses against a person in a qualifying relationship constitute domestic violence under North Carolina law, regardless of whether the parties are married. Marital rape is a crime in North Carolina.
Repeated following, monitoring, or contacting a person in a way that causes substantial emotional distress can constitute domestic violence under Chapter 50B. This includes in-person stalking, digital monitoring, and repeated unwanted communications through social media, text, email, or phone.
When Charlotte-Mecklenburg Police respond to a domestic violence call, officers are required to investigate and, when probable cause exists to believe a domestic violence offense has occurred, to make an arrest. An arrest without a warrant is specifically authorized. After arrest, the defendant appears before a magistrate for conditions of release, which almost always include a no-contact order and a prohibition on returning to a shared residence. The alleged victim may simultaneously seek an emergency ex parte 50B order from a magistrate or district court judge.
Generally, a verbal argument without threatening conduct does not meet the standard for domestic violence under North Carolina law. However, if the argument involves explicit or implied threats that cause the other person to reasonably fear imminent serious bodily injury, it could cross the line into conduct covered by Chapter 50B. Context and specific words matter significantly.
A 50B Domestic Violence Protective Order is a civil court order obtained through a civil court proceeding. A criminal charge is a prosecution by the state. Both can result from the same incident. The 50B order is designed to protect the victim; the criminal charge is designed to hold the defendant accountable under the criminal law. Violating a 50B order is itself a criminal offense.
Not automatically, but it is common. When a 50B ex parte order is issued, it typically directs the defendant to vacate any shared residence regardless of who owns or is on the lease. This can happen before any hearing where you have the opportunity to present your side. At the subsequent court date, you have the right to contest the order. Having an attorney present for that hearing is extremely important.
Whether you have been accused of domestic violence in Charlotte or you are seeking to understand your legal rights after a domestic violence incident, The Olsinski Law Firm can help. Our attorneys handle both the criminal defense and the family law dimensions of domestic violence cases in Mecklenburg County. Call Charlotte at 704-405-2580 or Concord at 704-918-4747, or contact us online for a free consultation.
Mr. Olsinski founded his criminal defense practice in Charlotte, NC, in January 2010. He has successfully defended cases ranging from B1 Felony First Degree Sex Offenses/First Degree Murder to Misdemeanor marijuana charges.
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