Domestic Violence Arrest in the Outer Banks: What Happens Next?

In this post, we’ll walk you through what happens after an OBX domestic violence arrest – from the charges you might face to the court process in the Outer Banks and possible outcomes – and outline steps you can take along the way. If you or a loved one is dealing with a domestic violence charge, it’s a good idea to seek guidance from an experienced criminal defense attorney to discuss
your next steps and legal options.  Call the Glover Law Firm now to schedule your confidential consultation at no cost.  252-299-5300 

Understanding Domestic Violence Charges in North Carolina

In North Carolina, domestic violence are a category of offenses involving people who share a certain kind of personal relationship. State law defines domestic violence as committing particular acts (like causing bodily injury or threatening imminent harm) against a person with whom you have a personal relationship. While criminal charges like Assault on a Female, Stalking, and certain cyber crimes may fall within the broad definition of “domestic violence,” North Carolina also has a more general criminal offense called “misdemeanor crime of domestic violence.”

Relative to DV charges, personal relationships include current or former spouses, people who live together or have lived together as if family, people who are dating or have dated, individuals who share a child, and certain other family members. If the alleged victim is your partner, ex-partner, a household member, or a close relative, the incident may be treated as domestic violence under North Carolina law.

Domestic Violence charges carry consequences. Everyone in the Outer Banks legal system, including judges, prosecutors, and defense attorneys take DV allegations seriously – Danny Glover, OBX Domestic Violence Lawyer 

A domestic violence case can involve charges ranging from a misdemeanor to a felony, depending on the conduct. For example, a simple assault might be charged as a misdemeanor, whereas an assault by strangulation or a sexual offense in a domestic context could be a felony charge. Whatever the specific charge, when it is labeled domestic violence, it triggers particular protocols in the legal system, such as stricter conditions of pretrial release after arrest.

What Leads to a Domestic Violence Arrest?

Domestic violence arrests in the Outer Banks can begin with someone calling 911 to report. When police arrive, they will ordinarily separate the people involved, ensure everyone’s safety, and begin their investigation. Officers are trained to look for evidence of an assault or threat – for example, physical injuries, damaged property, or witness statements and accounts of what took place.

If police have probable cause to believe that a domestic violence incident occurred, they will make an arrest. A warrant for arrest is not required in every instance. In fact, North Carolina law permits officers to arrest you without a warrant if they have probable cause a crime occurred, even if they did not see the incident happen.

It’s important to understand that the wishes of the alleged victim do not necessarily  control whether an arrest is made, when charges are filed, or even the final disposition of the case. Put simply, while prosecutors consider the input of the alleged victim, an Assistant District Attorney decides whether to proceed with criminal prosecution. Police and prosecutors in North Carolina can proceed with a domestic violence case even if the accuser does not want to press charges. Once there is evidence of domestic violence, the matter is in the hands of law enforcement and the courts.

The Arrest Process: What to Expect

If you are arrested for domestic violence, in most instances you will be handcuffed and taken to jail for booking. This means the officers will take your photograph and fingerprints and enter your information into the system. After booking, you will be held in custody until a decision about release (bail) is made.

In North Carolina domestic violence cases, a special “48-hour rule” can affect the timing of your release. By law, a
person arrested on a domestic violence charge must have a judge (not a magistrate) set the initial bond and release conditions

This typically means you must remain in jail until you can appear before a judge. If you are arrested when court is not in session (such as a weekend, holiday, or late at night), you may have to wait up to 48 hours for a judge to be available. At that hearing, the judge will consider the terms and conditions of release. That may include bond (bail amount) and impose any conditions you must follow while out of jail. If no judge is available within 48 hours, a magistrate is thereafter authorized  bond and conditions of release. If a secured bond is set – and you meet any bail requirements – you will be released from custody under those conditions.

Release Conditions and No-Contact Orders as a Condition of Release

If you are arrested and later released from jail, the court may impose strict conditions that you must follow while your case is pending. Chief among these may be a “no-contact order,” prohibiting you from contacting or going near the alleged victim. No contact orders may include staying away from someone’s home, workplace, or other places you might encounter them.

In the alternative, the Court (the judge) may allow some forms of contact, but in so do also require you not to harass, threaten, or intimidate the alleged victim in any way. If you have children with the alleged victim, the judge may also set temporary rules for visitation or communication with the children. Additional conditions can include orders not to possess firearms and, in some cases, to refrain from consuming alcohol while out on bond.

It is important to carefully review, understand, and obey all release conditions. Violating a no-contact order or any other condition may be a violation of a condition of release. If there is a related DVPO – Domestic Violence Protective Order, contacting the protected party in itself can result in an additional criminal charge of Violation of Domestic Violence Protective Order . If you break these rules – for example, by trying to see or message the victim – you can be arrested again and held in jail without release. Even if the victim wants to resume contact, you must obey the order unless the court changes it.

How a Domestic Violence Charge Can Affect You

A domestic violence charge can have an immediate impact on your life. While the case is pending, the release conditions (especially a no-contact order) might force you to stay away from your home and family. You may need to find somewhere else to live and adjust arrangements for childcare or family duties. This kind of disruption can be emotionally stressful and financially costly.

It’s also normal for people facing DV charges to worry about their reputation in the community. In small coastal towns like Elizabeth City, Kill Devil Hills, Duck, and Kitty Hawk, news of an arrest can quickluy spread, leading to embarrassment or stigma even before you’ve had your day in court and the case is resolved.

Domestic Violence charges are serious. For example, Assault on a Female in North Carolina is a Class A1 misdemeanor, carrying a maximum possible punishment of 150 days. Misdemeanor Crime of Domestic Violence is also a Class A1 misdemeanor.  Assault by Strangulation is a Class F felony.

Whether a felony or misdemeanor allegation, a conviction brings the possibility of serious penalties. North Carolina courts can impose fines, counseling programs, probation, or even jail time for domestic violence offenses. Beyond those direct penalties, a conviction would go on your criminal record, which can create lasting problems. For example, having a domestic violence record can make it harder to find employment and can carry a social stigma that affects how others view you for years to come. These consequences illustrate why it’s important to treat the situation seriously and carefully consider your options moving forward.

Possible Defenses to Domestic Violence Allegations

An arrest is not the same as a conviction – you have the right to contest the charges, and the state must prove your guilt beyond a reasonable doubt. Depending on the unique facts of your legal matter, different defenses might be available, such as:

• False Accusations: Unfortunately, all too often accusations of domestic violence are false or exaggerated. If you have been wrongly accused, your attorney may be able to present evidence to show that the allegations are not true. Obviously, each case is different.
• Self-Defense: North Carolina law allows you to use reasonable force to protect yourself if
  you are being attacked.

What Happens in Court?

After the initial hearing with either a magistrate or judge, your case moves into the court system. For most misdemeanor domestic violence charges, trials take place in District Court and are decided by a judge (no jury). For a felony charge, the case is handled in Superior Court, where you have the right to a trial by jury.

At trial, the prosecutor must prove the charges and your criminal defense attorney can develop a defense strategy. Ultimately, the judge or jury will deliver a verdict of guilty or not guilty based on the evidence. If you are found not guilty or the charge is dismissed, you can move on with your life. If you are found guilty (or if you choose to plead guilty beforehand), the case moves to sentencing. A judge will decide your punishment, which can range from probation with conditions to jail or prison time, depending on the offense and circumstances.

Keep in mind that many cases end without a trial.

Through a plea agreement, you might be able to plead guilty to a lesser charge or receive a lighter sentence in exchange for a guilty plea. Your attorney can advise you on any plea offers and whether they are worth considering. Your defense attorney looks out for your best interests – whether that ultimately involves a dismissal, a not-guilty verdict at trial, or a fair deal that minimizes the penalties is case and fact specific. That’s one reason we think it makes sense to immediately consult with legal counsel. Call Danny Glover now: 252-299-5300 

Long-Term Impact of DV Charges and Next Steps

A domestic violence conviction can have lasting effects on your life. One major consequence may be the loss of firearm rights – under federal law, anyone convicted of a qualifying domestic violence offense is barred from owning or purchasing firearms. If convicted or if you enter a guilty plea you will also have a criminal record that can appear in background checks for employment, housing, or professional licensing. Some convictions cannot be expunged in North Carolina, meaning the record might remain part of your permanent record.

A conviction of a criminal domestic violence charge (as well as entry of a 50B Domestic Violence Protection Order) can also affect future child custody arrangements.

If a criminal judgment is entered against you, it’s important to comply with all the court’s requirements (for example, completing
probation, paying any fines, or attending mandated programs). Fulfilling these obligations is necessary to avoid further legal trouble and to regain normalcy. Being vigilant about following court orders and staying out of additional trouble will help you move on and put the incident behind you.

When to Speak with a Lawyer

We think it’s a good idea contact an OBX criminal defense lawyer as soon as possible after a domestic violence arrest. Critical
stages of legal proceedings, like a bond hearing or police questioning can happen quickly.  Having an attorney’s guidance during that time can make a big difference. A lawyer can advise you on how to handle interactions with law enforcement (often it’s best not to give statements or cooperate with a criminal investigation without speaking with a lawyer. Once properly retained, your attorney can speak on your behalf at the initial hearing to argue for reasonable release conditions.

After the arrest, a lawyer can immediately start working on your case– gathering evidence, reaching out to witnesses, and communicating with the prosecutor. An experienced defense attorney will build a strategy tailored to your situation.

Outer Banks Domestic Violence Lawyer:  Glover Law Firm

Facing a domestic violence arrest in the Outer Banks is undoubtedly challenging. However, knowing the process
and your rights can help you make informed decisions about your future. Most importantly, you do not have to go through
it alone – consult a defense attorney who can give you advice tailored to your case. With sound legal advice and a proactive approach, you can navigate the legal system more confidently and work toward putting this difficult experience behind you. OBX domestic violence lawyer Danny Glover is available for consultation.  Call the Glover Law Firm now at 252-299-5300 or email Danny@DannyGloverLawFirm.com.