North Carolina Divorce Lawyers BlogWhat Qualifies as a Dating Relationship for Misdemeanor Domestic Violence Charges in North Carolina?
North Carolina domestic violence charges can be filed against someone who has used or tried to use physical force against someone they have or have had a close personal relationship with. Not every relationship is included in General Statute Section 14-32.5, but charges can be filed if the abuser is one of the following:
- A current or former spouse, guardian, or parent of the victim
- A parent to a child shared by the victim
- Someone who has or is cohabiting with the victim as a spouse, guardian, or parent
- Someone currently or previously in a dating relationship with the victim
What is a Dating Relationship?
North Carolina’s law regarding misdemeanor charges for domestic violence references a federal law – 18 U.S.C. § 921 – when defining a dating relationship. Federal law states that a dating relationship is one in which two people have or recently had a serious romantic or intimate relationship of a continuing nature.
People who would likely not fall into this category include:
- Friends
- Co-workers
- Classmates
- Neighbors
- An ex from 10 years ago
- Someone you went on one date with
These designations alone would not qualify someone as having been in a dating relationship with you, which means any physical force or threats against you would not be charged as domestic violence.
Elements of a Dating Relationship for Domestic Violence Charges
Whether or not a relationship or former relationship qualifies under this definition is based on the following factors:
- How long the relationship lasted
- The nature of the relationship
- How often the two individuals interacted
- The type of interactions they shared
A differentiation must be made between people in a dating relationship and those who only casually socialize as friends, as acquaintances, or for business purposes.
The definition of a dating relationship under North Carolina General Statute § 50B-1 was clarified by case law that determined a broad range of romantic relationships should be included, and only the least intimate ones should be excluded. Case law may also be necessary to clarify certain elements of General Statute § 14-32.5, such as the qualifiers for past dating relationships under the existing law.
What is a Recent Relationship?
The U.S. Code that North Carolina G.S. § 14-32.5 uses to define a dating relationship currently includes people who have recently had a serious romantic or intimate relationship, but neither state nor federal law explains what constitutes a recent relationship. Other states, such as Connecticut and Texas, have issued rulings on this topic in which they determined that two years and three years, respectively, did not qualify as recent for domestic violence purposes.
In some situations, it is relatively easy to determine if someone who has assaulted or threatened someone else has committed domestic violence. Current spouses or partners who broke up a few days before the assault, for example, would meet the relationship qualifications under state and federal law. Other times, it can be more difficult to apply the definition of a dating relationship to complicated or unconventional relationships.