Domestic violence has been in the news lately from the Ray Rice incident to Lil Kim’s allegations of abuse against Mr. Papers. While celebrity allegations of domestic violence have brought the issue to the forefront of the nation’s news, domestic violence is a national epidemic that has continued to grow over the past decades. Learn more about domestic violence in North Carolina in this presentation.

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WHAT IS DOMESTIC
VIOLENCE IN
NORTH CAROLINA?
Welch and Avery
“All 50 states define domestic violence as a crime;
however, the laws in all 50 states are not identical
although most laws encompass part, if not all, of the
definition of domestic abuse by the CDC.”

2. What Is Domestic Violence in North Carolina? www.welchavery.com 2
Domestic violence has been in the news lately from the Ray Rice incident to Lil
Kim’s allegations of abuse against Mr. Papers. While celebrity allegations of
domestic violence have brought the issue to the forefront of the nation’s news,
domestic violence is a national epidemic that has continued to grow over the
past decades. In a study from 1995-1996, almost one-fourth of women and
eight percent of men were physically assaulted and/or raped by a former or
current spouse or other intimate partner.
Today, more than 31% of women have been abused, one woman in five has
been raped, and almost 23% of women and 14% of men have experienced
severe physical violence by an intimate partner. According to the Centers for

3. What Is Domestic Violence in North Carolina? www.welchavery.com 3
Disease Control and Prevention (CDC), Intimate Partner Violence (IPV), also
known as domestic violence, battery, or spousal abuse, “is violence committed
by a spouse, ex-spouse, or current or former boyfriend or girlfriend. It can occur
among heterosexual or same-sex couples.”
HOW DOES NORTH CAROLINA DEFINE DOMESTIC ABUSE?
All 50 states define domestic violence as a crime; however, the laws in all 50
states are not identical although most laws encompass part, if not all, of the
definition of domestic abuse by the CDC. North Carolina General Statutes §50B-1
provides the definition of domestic violence adopted by North Carolina.
 North Carolina Statutory Definition of Domestic Violence
Domestic violence is “the commission of one or more of the following acts upon
an aggrieved party or upon a minor child residing with or in the custody of the
aggrieved party by a person with whom the aggrieved party has or has had a
personal relationship.” The acts specified in the statute are:
 Attempting to or intentionally causing bodily harm;
 Causing the party, a member of the party’s family, or a member of the
party’s household fear of imminent serious bodily injury;
 Harassment under G.S. §14-277.3A that causes the party substantial
emotional distress; or,
 The commission of any act defined in G.S. §14-27.2 through G.S. §14-27.7.

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G.S. §14-277.3A defines stalking; therefore, anyone who uses stalking to harass
the party to cause substantial emotional stress can be charged with domestic
violence. G.S. §14-27.2 through G.S. §14-27.7 defines sexual offenses, rape,
and sexual battery. If you use are guilty of these crimes, you can also be
charged with domestic violence depending on the circumstances.
It is important to remember that domestic violence actions can take the form of
threats and intimidation, physical abuse or assault, sexual abuse, verbal abuse,
financial abuse, social abuse, and child endangerment.
 Defining “Personal Relationship”
In order to be charged with domestic violence, the state must prove that you
have a “personal relationship” with the victim. According to the North Carolina
Domestic Violence Statute, a “personal relationship” is defined as a relationship
between the parties where the parties are:
 Current or former spouses;
 Parties of the opposite sex currently or previously living together;
 Related as parents and children (or a party acting in the capacity of a
parent to a minor child);
 Grandparents and grandchildren;
 Parties who have a minor child in common;
 Current or former members of a household; or,
 Parties of the opposite sex who are dating or who have dated in the past.

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ARE ALL ALLEGATIONS OF DOMESTIC VIOLENCE TRUE?
Unfortunately, domestic violence is a real and horrible situation that occurs in
many homes throughout North Carolina and the rest of the country. Men,
women, and children are hurt each day by someone they love and trust.
However, there are allegations of domestic violence that stem from
misunderstandings. Some
domestic violence charges
stem from a desire to seek
revenge by a scorned lover
or to seek an advantage in a
custody battle.
Exaggerated and false
allegations of domestic
violence claims do exist and
often result in the police
arresting the alleged aggressor without conducting a thorough and complete
investigation. By the time the aggressor obtains counsel and disputes the
allegations of domestic abuse, the damage to his or her reputation is permanent.
Therefore, it is extremely important that if you believe you may be charged with
domestic violence in North Carolina or you are charged with domestic violence,
you contact the criminal defense attorneys of Welch and Avery immediately to
begin preparing your defense against these charges.

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WHAT HAPPENS IF I AM FOUND GUILTY OF DOMESTIC VIOLENCE IN
NORTH CAROLINA?
The consequences of being found guilty of domestic violence can be severe. The
court may order a domestic violence protective order (DVPO) solely based on the
accusers testimony. This order
can limit your access to your
children. The judge can order
supervised visitation with your
children, if visitation is allowed
at all. A conviction will result in
a permanent criminal record
and you may not own or
possess a firearm.
Furthermore, you may face jail
time, supervised probation,
attorney’s fees, losing
possession of the residence,
and being restrained from
being in certain locations.
If you have been accused of
domestic violence, contact our
office immediately! We must
begin an investigation into the facts and circumstances of your case as soon as
possible to mount a defense.

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ARE YOU THE VICTIM OF DOMESTIC VIOLENCE?
Domestic violence is real. If you, a family member, friend, or co-worker is being
abused, there are several programs for domestic violence victims in North
Carolina. We encourage victims to contact one or more of these organizations
for more information regarding assistance for domestic violence victims.
CONTACT AN EXPERIENCED JACKSONVILLE CRIMINAL DEFENSE
ATTORNEY
“Attorneys Who Aggressively Protect Your Rights”
Welch and Avery is a full service Jacksonville criminal defense law firm
committed to defending individuals charged with a crime by protecting their right
to a fair and impartial justice system. When you have been charged with
domestic violence, you need an experienced criminal defense lawyer working for
you who understands the domestic violence laws of North Carolina and who has
the experience to get results.

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We represent clients throughout Duplin County, Onslow County and the
surrounding communities. Call our office at (910) 347-0161or contact us
online today for a free case evaluation.

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About Welch and Avery
Jacksonville, North Carolina Criminal Defense, Civil Litigation, Family Law and Admiralty
At Welch and Avery, our team is committed to helping you with your legal needs. This means that we thoroughly
investigate your case and zealously represent your interests. We are goal-oriented and will focus on getting you
the results you want, while at the same time offering a cost-effective and efficient solution to your legal needs.
We also understand that an attorney works for their client, so we strive to ensure that our clients are in touch
with their attorney and always know what is going on with their case. With Welch and Avery, you can count on
personal attention from our legal team.
We know that there is never a convenient time to have to deal with a court case or other legal problem. Because
of this, we will make every effort to minimize the impact your case will have on your daily life. We offer flexible
payment options for both legal fees and court expenses, and because it can also cost you time and money to
take off from work or school to attend court, we will do everything we can to meet with you at your
convenience and help you avoid setting foot in a courtroom.
Every case is different, and every case is important. If you or somebody you care about has a legal problem, call
us today and find out the difference that strong, knowledgeable, and personal legal representation can make!
Our office is strategically located across the street from the courthouse in Jacksonville on the coast between the
ports of Wilmington and Morehead City and within easy reach of the various commercial and recreational
fishing communities and beaches of eastern North Carolina. We are also located proximate to Camp Lejeune,
Camp Johnson, and the New River Air Station, and as a “military friendly” business, we are proud to be able to
serve the particular needs of the armed forces community.
636 Court Street
Jacksonville, 28540
Phone: 910.665.9134
Website: www.welchavery.com