In North Carolina, domestic battery is the commission of a violent physical act against someone you are in a relationship with. Domestic battery can include your spouse, significant other, or even someone you live with. This is a serious crime that can result in substantial consequences if you are convicted. Let’s answer the question, “What is domestic battery?” and look at some of the potential consequences.
What is Assault and Battery?
Assault and battery are terms that can seem confusing, mostly because they mean almost the same thing.
- “Assault” is an attempt or threat of violence, with an actual intention to carry it out (whether or not you physically contact another person)
- “Assault and Battery” is when you make a threat or attempt violence and then physically make violent contact with the other person.
- “Battery” charges come if you make violent physical contact like hitting or slapping
If you face charges of assault, battery, or assault and battery without any aggravating factors, you may end up with a class 2 misdemeanor conviction.
What Is Aggravated Assault and Battery?
There are aggravating circumstances that can bring A1 misdemeanor charges. A1 misdemeanors carry longer prison senences.
Aggravated assault and battery circumstances include if you:
- Inflict serious injury upon another person
- Use a deadly weapon
- Assault a female (if you’re a male at least 18 years of age)
- Assault a child under the age of 12 years
What is Domestic Assault and Battery?
Suppose law enforcement comes out to your home to break up a fight with your wife. In that case, you can face aggravated domestic assault and battery charges in addition to getting a restraining order from her.
It’s an A1 misdemeanor if you have a personal relationship with someone, and in the presence of a child under 18, you:
- Assault this person causing serious injury OR
- Use a deadly weapon on this person
The court gives you automatic supervised probation for a first offense and a minimum of 30 days in jail for a second offense!
Domestic Violence Defined
Legally defined, domestic violence is when family, ex-family, same or ex-household members, a parent of your child, or intimate partners commit violent acts against each other.
North Carolina-specific laws defining domestic abuse include if you:
- Attempt to cause bodily injury
- Intentionally cause bodily injury
- Place a member of your family or household in fear of imminent serious bodily injury or continued harassment at such a level that they feel emotional distress.
- Commit any act defined as forcible rape or sexual battery
The NCCADV defines domestic violence as “the willful intimidation, physical assault, battery, sexual assault, or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another. It includes physical violence, sexual violence, psychological violence, and emotional abuse.”
Many different ways of acting out anger can bring criminal charges, but when it’s a violent act against someone close to you, it becomes domestic violence.
What Happens if My Partner or Family Member Gets a Restraining Order?
Ex Parte Order
An emergency protective order, also called an Ex parte order can begin protecting a household before you get served by the sheriff’s office.
An emergency (ex parte) Domestic Violence Protective Order (DVPO) may require you to:
- Leave your home (regardless of who pays rent or mortgage)
- Stay away from their own children
- Give up possession of a motor vehicle
- Surrender their “firearms, ammunition, and gun permits” to the sheriff
And if you violate the firearms portion of the order, officers can bring charges for various felonies.
Domestic Violence Protective Order
If the judge does not give an emergency ex parte order, the sheriff’s office will serve you DVPO papers with a date for a hearing within 10 days. If the judge rules against you at the hearing, the court will issue a DVPO that can last up to 1 year.
A DVPO can order you to refrain from doing any or all of the following:
- Contacting the domestic party directly or indirectly, including through third parties
- Threatening, abusing, or following the domestic party
- Harassing the domestic party by phone
- Harassing the domestic party by visiting their home or workplace or by other means
- Treating a household pet cruelly
- Interfering with the domestic party in different ways (2)
Further legal protections may include:
- Giving the domestic party possession of the home and excluding you
- Awarding the domestic party temporary custody
- Ordering your eviction from residence and assistance for the domestic party to return home
- Ordering you to support minor children (if required by law)
- Giving the domestic party possession of the combined personal property, including a pet or a minor child
- Awarding the domestic party attorney fees
- Prohibiting you from purchasing a firearm for a specified amount of time
- Ordering additional requirements necessary to protect any party or minor child
- Ordering sheriff to deliver protective order to school principals named in the order
- Ordering you to attend and complete an abuser treatment program approved by the Domestic Violence Commission
We Can Help
Domestic violence is a serious crime in North Carolina with long-term consequences. If you are facing domestic violence charges, you need a skilled legal team on your side. The attorneys at Cape Fear Law are here to help you. Our domestic violence defense team understands what you are going through and will work tirelessly on your behalf.
Don’t face domestic violence charges alone. Let us help you protect your future! Contact us today for a free consultation!