Domestic violence refers to any form of abuse or violence between family members, spouses, intimate partners, or cohabitants. Domestic violence is often used to gain and maintain power and can arise in marital relationships, dating relationships, and even among parents and children or siblings.

Types of Domestic Violence Charges

Depending on the circumstances, domestic violence can involve:

Physical abuse – Punching, slapping, choking, or any form of physical harm

Sexual abuse – Forcing or coercing a partner into sexual acts
Emotional abuse – Manipulation, verbal threats, intimidation, or humiliation
Financial abuse – Controlling a partner’s money, preventing them from working
Stalking or harassment – Repeatedly following, messaging, or intimidating the victim
Restraining order violations – Ignoring a court order that prevents contact

Domestic Violence in North Carolina

In North Carolina, domestic violence is covered by Chapter 50B of the North Carolina General Statutes. Domestic violence includes physical harm, threats, harassment, or stalking of a spouse, partner, or household member. Protective orders or restraining orders (50B orders) are available to victims and can impose strict legal consequences on offenders. The legal term for these orders are Domestic Violence Protective Orders.

Legal Tip: While domestic violence is sometimes obvious (i.e., one spouse punches another), domestic violence is often more nuanced and occurs over a period of time that causes substantial emotional distress to a person. Consulting a local attorney is crucial to understanding how the law applies in your case.

Defense Strategies: How to Fight Domestic Violence Allegations

If you are facing allegations of domestic violence, you have the right to defend yourself. Here are common defense strategies that attorneys use:

False Accusations & Lack of Evidence

• Some domestic violence allegations are simply false, made to seek revenge, hurt someone, or gain an advantage in a custody battle or divorce dispute.
• Other domestic violence allegations may simply be complaints about someone but may not rise to the legal standard of domestic violence.
• He-said, she-said. Many domestic violence allegations are based solely on oral testimony and are not supported by documentary evidence (e.g., photos, recordings, text messages).

Self-Defense

• Were you acting in self-defense or protecting your children?
• North Carolina allows us the right to protect ourselves from violence. 

Lack of Physical Evidence

• If there are no injuries, medical reports, 911 calls, police reports, or witness testimonies, domestic violence may be difficult to prove.
• Many cases get dismissed due to insufficient evidence.

Frequently Asked Questions

1. Can domestic violence case be dropped?

Yes, if the accuser recants their allegations, doesn’t show up to court, or agrees to dismiss the case, then the case may be dismissed.

2. What should I do if I’m falsely accused?

Gather evidence, witness testimonies, text messages, and consult with an attorney immediately.

3. Will a restraining order affect child custody?

A 50B or domestic violence protective order (i.e., restraining order) can negatively impact custody rights in family court.

4. How can a lawyer help in a domestic violence case?

In many ways. A lawyer will assess the allegations, determine whether they meet the legal standards required to get a 50B, challenge evidence, prepare defense strategies, negotiate lesser sanctions or penalties, and fight for a case dismissal.

Take Immediate Legal Action – Protect Your Rights Today!

Domestic violence allegations can ruin lives, but you don’t have to face them alone. An experienced family law attorney can:

Fight for case dismissal
Protect your reputation and parental rights
Challenge false accusations and weak evidence

Don’t wait until it’s too late! Call a domestic violence attorney today for a consultation. Your future depends on it!