Defining the Crime of Domestic Violence in North Carolina

North Carolina’s domestic violence law has undergone changes in recent years, expanding the types of qualifying relationships and the list of people who can be charged. Previously, the law limited domestic violence charges in relationships to a man who assaulted his female partner. If a woman was found guilty of a similar act of violence, she would likely face simple assault charges, which often carried lesser penalties. The state’s updated legislation encompasses broader definitions of who can be charged with domestic violence.

These changes have a tremendous impact on how acts of violence and certain threats are handled when they occur between couples, former couples, and people in other qualifying relationships.

What Actions Are Considered Domestic Violence?

In North Carolina, an individual may be guilty of domestic violence, a Class A1 misdemeanor, if they used physical force or attempted to use physical force against another person. Threatening to use a deadly weapon can also be considered domestic violence. It’s important to clarify that the victim and abuser must have a qualifying relationship in order for the act to be domestic violence.

Who Can Be Charged with Domestic Violence in North Carolina?

According to North Carolina General Statute Section 14-32.5, the misdemeanor crime of domestic violence applies to the following people or relationships:

• Current or former spouses
• Someone whom the victim has a child with
• Current or former parents or guardians of the victim
• Someone similar to a spouse, parent, or guardian of the victim
• Someone currently or previously in a dating relationship with the victim

Assaulting or threatening a co-worker, neighbor, or acquaintance is not domestic violence in North Carolina unless the victim also has one of the above relationships with the offender.

What do the Changes to the Domestic Violence Law Mean?

The changes in North Carolina’s domestic violence law can affect many different types of relationships, including same-sex couples, a married man and woman, individuals who previously dated, and people who share a child. In addition to expanding the number of people who can be charged with domestic violence, the law also increases the reach of penalties and consequences associated with a conviction.

This is especially impactful for parents, as a domestic violence conviction is likely to impact child custody and visitation arrangements. Expanding the law also affects gun rights based on federal gun disqualifications because it is a crime under federal law for anyone convicted of misdemeanor domestic violence to possess a gun.

The changes in North Carolina’s law now mean that equal consequences will be applied to both males and females convicted of domestic violence.