In 2023, the North Carolina legislature introduced the Misdemeanor Crime of Domestic Violence under §14‐32.5. This new law makes it a Class A1 misdemeanor should a person use or attempt to use physical force, or threaten to use a deadly weapon, against another person. The person committing the offense must have a special relationship with the victim, either:
- A current or former spouse, parent, or guardian
- A person who shares a child in common with the victim
- A person cohabitating with the victim as a spouse, parent, or guardian, or previously cohabitation with the victim in one of those roles
- A person in a current or recent dating relationship with the victim
It’s important to note that actual physical contact is not necessary to be charged under this statute. Attempts and/or threats will qualify.
Previously, North Carolina has had a well-established charge for Assault on a Female, categorized as an A1 misdemeanor. One of the essential elements of the Assault on a Female misdemeanor is that the victim be a woman and the perpetrator be a man. An A1 misdemeanor carries the harshest penalties. In contrast, when men were assaulted, the charge typically fell under Simple Assault, which is a Class 2 misdemeanor. Class 2 misdemeanors are significantly less severe in terms of punishment.
This discrepancy perpetuated the false notion that domestic violence only impacts women, and limited protections for both male survivors and survivors in same-sex relationships. By creating the Misdemeanor Crime of Domestic Violence, North Carolina acknowledges that anyone can be a victim of domestic violence, regardless of their gender, and that all domestic violence incidents are serious.
If you or someone you know is navigating the complexities of a domestic violence situation—whether you are a victim or facing a charge related to this new statute—our experienced family law attorneys are here to provide guidance and support. Understanding your rights and the available legal options is crucial, and we’re committed to helping you achieve the best possible outcome.
If you or somebody you know wants to learn more about Domestic Violence, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina a law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
