When dealing with domestic violence, the parties to the case and their loved ones may have many questions. What is considered domestic violence in NC? Is emotional abuse domestic violence? How long does a defendant need to remain in jail before they can post bail?
In this guide, our team at Apex Bail Bonds discusses six things to learn about domestic violence in NC laws.
Offenders May Face Criminal and Civil Actions
The government can bring criminal charges against individuals who allegedly committed domestic violence. Criminal charges relating to domestic violence include physical assault, harassment, sexual abuse, or false imprisonment. Other criminal remedies include restraining alleged offenders’ behavior during a pretrial release.
A defendant can face criminal and civil actions at the same time. In addition to a criminal charge, an alleged offender may also face civil action in the form of a civil domestic violence protective order (DVPO). When an alleged victim pursues a restraining order, the civil court date will likely occur before the criminal trial starts.
Physical Contact Is Not a Requirement for Domestic Violence in NC
Is verbal abuse domestic violence in NC? Even though many people associate domestic violence charges in NC with physical assault, verbal threats and harassment are also grounds for a criminal charge or civil protection order.
Verbal threats would be grounds for a criminal charge if they occurred between two domestic partners, household members, or parents of the same child. The court will issue a protective order if the aggrieved party or a member of their household or family fears imminent injury, harassment, or stalking resulting from the defendant’s words.
A Victim Cannot Give Permission for a Protection or No-contact Order Violation
The court may issue a no-contact order as part of the defendant’s pretrial release conditions. If the aggrieved party pursues a civil action, the court may issue a domestic violence protective order.
The defendant must adhere to these orders. Failure to do so can result in rearrest and bail forfeiture. If the defendant doesn’t comply with these orders, they may face a separate criminal charge, for example, contempt of court.
The victim cannot legally permit the defendant to violate no-contact bail conditions or protective order. Even if the parties are legally married and the alleged victim tries to initiate contact, the defendant must ignore or avoid these interactions.
A Victim Can Request an Arrest Warrant, Even if They Didn’t Call the Police
A call to the police is not required to issue an arrest warrant. Consider the following scenarios:
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- Situation 1: Spouse A assaults Spouse B in their home. B locks themselves in the bathroom and stays there until the morning without calling the police.
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- Situation 2: Spouse A assaults Spouse B. After B calls the police, Officer C shows up but doesn’t find probable cause. As a result, C leaves without arresting A.
In both these scenarios, Spouse A can make a statement under oath before a magistrate, who may issue an arrest warrant, bringing the accused to trial. The fact that A didn’t call the police or that the police didn’t find probable cause for arrest is irrelevant.
A Magistrate Must Wait 48 Hours After Arrest To Set Bond
Under North Carolina law, a magistrate cannot grant bail in a domestic violence case within 48 hours of the defendant’s arrest. However, a district court judge can review a domestic violence case within 48 hours from arrest and set bail for the defendant’s release.
The district court is not in session during weekends. Suppose the police arrest someone on a Friday night. In this domestic violence case, the accused cannot get out on bail before Sunday because a magistrate cannot grant bail within 48 hours. As a result, the defendant can only get out on Monday when a magistrate can grant bail.
Judges Tend To Rule Conservatively on Domestic Violence Protective Orders
Making a ruling on domestic violence protective orders can be challenging, especially if there is no evidence of verbal or physical abuse. If the court finds that someone committed domestic violence and grants a protective order, it risks prejudice against an innocent person.
On the other hand, a ruling not to grant the protective order can leave the alleged victim vulnerable to further abuse. In domestic violence cases, the courts tend to err on the side of caution and grant protective orders.
24/7 Bail Hotline – Speak to a Bail Bondsman Now
Do you have a loved one facing a charge of domestic violence? At Apex Bail Bonds, we offer a 24/7 bail hotline for domestic violence and can secure your loved one’s release without you needing to pay the full bail amount. Take immediate action and speak to one of our expert bail bondsmen now.
