What Are the Consequences of a Domestic Violence Charge in North Carolina?

One Bad Night: When a Private Argument Becomes a Public Court Case

Every relationship has its struggles. But sometimes, one bad night—a heated argument that goes too far, a moment of anger that results in a 911 call—can bring the law crashing into your home and your family. One minute, you are in a private dispute. The next, you are being removed from your home in handcuffs, and your world is turned upside down.

You are scared. You are confused. You are worried about your future, your job, and most of all, your children. You’re wondering how a private moment could have spiraled into a public court case so quickly.

If you are reading this, you are in a very serious and stressful situation. We know that. For decades, the team at the Huggins Law Firm has been helping people in Greensboro, Winston-Salem, and all across the Piedmont Triad navigate the complex and emotionally charged world of domestic violence allegations. We understand that these cases are rarely black and white. We also understand that you need a lawyer who will listen to your side of the story and fight to protect your rights, your reputation, and your family. This guide is here to provide the clear, honest answers you need right now.

The Heart of the Matter: Understanding the Domestic Violence Protective Order (DVPO)

In North Carolina, most domestic violence cases begin not with a criminal charge, but with a civil order called a Domestic Violence Protective Order (DVPO). You may also hear it called a “50B Order,” which refers to the chapter of the law that governs it, N.C. General Statute Chapter 50B.

Understanding the DVPO is the first and most critical step.

What is a DVPO? A DVPO is a restraining order issued by a civil court. Its purpose is to protect a person from another person with whom they have a “personal relationship” (like a spouse, ex-spouse, partner, parent, or child). To get a DVPO, the person filing (the “plaintiff”) must show that the other person (the “defendant”) has committed an act of domestic violence. This can include:

• Attempting to cause bodily injury.
• Placing the person in fear of imminent serious bodily injury.
• Continued harassment that causes substantial emotional distress.

The Two-Step Process: How a DVPO is Issued The process for getting a DVPO happens very quickly, and it can be a shock.

1. The Ex Parte Temporary Order: The plaintiff will first go to the courthouse in a place like Greensboro or Graham and speak to a judge alone, without you present. This is called an ex parte hearing. If they present evidence that makes the judge believe domestic violence has occurred, the judge will issue a temporary DVPO. This order is often served on you by a sheriff’s deputy and can immediately force you out of your home.
2. The “Return” Hearing: The temporary order will set a court date, usually within 10 days. This is the full hearing where you have the right to appear with your lawyer and tell your side of the story. At this hearing, the judge will listen to both sides and decide whether to dismiss the case or to issue a final DVPO, which can last for up to one year.

This process is confusing and happens with lightning speed. Having an experienced domestic violence lawyer by your side from the very beginning is your best defense.

The Life-Altering Consequences of a 50B Order

Many people underestimate the power of a DVPO. They think it’s just a piece of paper telling them to stay away. It is so much more than that. A final DVPO is a court order that can completely upend your life.

• Loss of Your Home: The judge can order you to immediately vacate a home that you own or rent, even if your name is the only one on the lease or deed.
• Loss of Your Children: The judge can grant temporary custody of your children to the other party and order you to have no contact or only supervised contact with them.
• Loss of Your Second Amendment Rights: Under federal law, if a final DVPO is entered against you, you are prohibited from possessing any firearm or ammunition. This is a huge consequence.
• A Public Record: A DVPO is a public record that can be found by employers, landlords, and anyone else who runs a background check.
• The Risk of a Criminal Charge: If you violate any part of the DVPO—even by sending a simple text message—you can be immediately arrested and charged with a Class A1 misdemeanor.

The stakes at a 50B hearing are incredibly high. This is not a hearing you should ever attend without an experienced lawyer.

The “Other Shoe Drops”: Criminal Charges Linked to Domestic Violence

On top of the civil DVPO, the event that led to the 911 call can also result in separate criminal charges being filed against you. These are handled in criminal court and carry the risk of jail time, fines, and a permanent criminal record.

The most common charges we see are:

• Assault on a Female: As we discuss on our Assault Charges page, this is a unique North Carolina crime. If a male over 18 assaults a female, it is a Class A1 misdemeanor.
• Simple Assault: If the situation involves other gender combinations or a general physical altercation.
• Communicating Threats: It is a crime in North Carolina to threaten to physically injure another person if that threat is believable and puts the other person in reasonable fear.
• Interfering with Emergency Communications: It is a crime to take someone’s phone away to prevent them from calling 911.

You can be fighting a civil DVPO in one courtroom and a criminal assault charge in another courtroom, all arising from the same incident. It’s a legal minefield.

“But My Partner Wants to Drop the Charges!” – The Myth of the Victim’s Control

This is the most common and heartbreaking point of confusion for families. The day after an argument, tempers have cooled. The couple has reconciled. The person who called 911 now wants to “drop the charges.” They call the police or the District Attorney’s office and are shocked to hear the answer: “You can’t.”

Here’s why:

Once an arrest is made or a DVPO is filed, the case is no longer controlled by the alleged victim. The case is brought by the State of North Carolina. The prosecutor in Guilford, Alamance, or Randolph County now represents the state, not your partner.

• A “Less Talked About” Stat: The North Carolina Coalition Against Domestic Violence (NCCADV) provides critical data and advocacy. Their work highlights the system’s perspective. Prosecutors often operate under “no-drop” policies because they believe they are protecting a victim who may be too scared or manipulated to press charges themselves. While well-intentioned, this policy creates a powerful legal machine that can move forward even when both parties want it to stop.

The prosecutor will use the initial 911 call, the officer’s body camera footage, and the original statements to try to prove their case, even if your partner refuses to testify. You cannot talk your way out of it. You need a lawyer to build a legal defense.

Building Your Defense: How an Experienced Lawyer Fights Back

If you can’t rely on the other person to drop the case, how do you fight back? Our job as your domestic violence lawyers is to build a defense so strong that the prosecutor or the judge rethinks the case.

• We Fight the DVPO Hearing: The 10-day window before the final DVPO hearing is critical. This is our chance to gather evidence, interview witnesses, and prepare you to testify. We can argue that the incident did not meet the legal definition of domestic violence, that it was an act of self-defense, or that the allegations are being fabricated for leverage in a custody case. Winning this hearing is the best way to stop the entire process in its tracks.
• We Challenge the Criminal Charges: We conduct a full investigation into the criminal charges. We get the body camera footage. We find inconsistencies in the accuser’s story. We build a powerful case for self-defense or that the event was simply an accident.
• We Negotiate from a Position of Strength: We take our evidence to the prosecutor and show them the weaknesses in their case. This can lead to a dismissal of the criminal charges or a negotiation for a lesser charge that does not carry the stigma of domestic violence.

Why You Need a Lawyer Who Understands Both Criminal and Family Law

A domestic violence case is never just a criminal case. It is a family law case. It is a child custody case. It is a divorce case. These areas of law are deeply intertwined.

• A DVPO can be used as a sword in a custody battle, immediately giving one parent the upper hand.
• A criminal assault conviction can be devastating for your chances of getting custody in family court.
• The things you say in your DVPO hearing can be used against you in your criminal case.

This is where our firm’s deep experience in both Criminal Law and Family Law gives our clients a crucial advantage. We understand the complete picture. We know how a decision in one courtroom will affect the other. We build a comprehensive strategy designed to protect your freedom, your reputation, and your relationship with your children.

Key Takeaways for a North Carolina Domestic Violence Case

• A DVPO (or 50B Order) is a serious civil order that can force you from your home, take away your gun rights, and impact your child custody rights.
• The alleged victim cannot “drop the charges.” Once the state is involved, the prosecutor is in control.
• You can be facing a civil DVPO and criminal charges at the same time from the same incident.
• The stakes are incredibly high. A conviction can have permanent consequences for your job, your rights, and your family.
• You need a lawyer with experience in both criminal and family law to navigate this complex legal field and protect all of your rights.

Finding Help and Safety: A Guide to Domestic Violence Resources in North Carolina

If you are in a situation involving domestic violence, please know that you are not alone and that help is available. Reaching out is the first and most courageous step toward safety. The organizations below are dedicated to providing confidential support, shelter, and guidance for victims and their families across North Carolina.

• North Carolina Coalition Against Domestic Violence (NCCADV) This is the central hub for domestic violence services in the state. Their website contains a comprehensive directory of local agencies, shelters, and counseling services in every county, allowing you to find the best help “near me.”
• The National Domestic Violence Hotline For immediate, 24/7 confidential support, this is a critical lifeline. You can call them at 1-800-799-7233 or use their private online chat feature. They provide crisis intervention, safety planning, and can connect you with local resources anonymously.
• Legal Aid of North Carolina This non-profit law firm provides free legal help in civil matters to low-income North Carolinians. Their domestic violence unit is an invaluable resource for victims seeking to file a DVPO (50B restraining order) and navigate the court system.
• Family Service of the Piedmont Serving the Greensboro, High Point, and surrounding communities, this organization is a powerful local resource. They operate domestic violence shelters, offer crisis intervention, and run the Guilford County Family Justice Center, which provides a wide range of services in one safe location.
• NC Council for Women & Youth Involvement This is a state government agency dedicated to advocacy and prevention. Their website provides excellent educational resources and another way to find certified local domestic violence programs throughout North Carolina.

Your safety is the most important thing. These organizations are here to help you create a plan and find a path forward.