NCGS § 14‑32.5 Defense
Domestic Violence Charge in Greensboro? Here’s What You’re Actually Facing
A misdemeanor crime of Domestic Violence in North Carolina is a Class A1 Misdemeanor and is one of the most serious misdemeanors in North Carolina. It carries a domestic violence hold when you’re arrested and permanent record implications that affect employment, housing, and custody. People charged with this constantly underestimate it. Don’t be one of them.
N.C.G.S. § 14-32.5
What the Law Actually Says: What the State Has to Prove
North Carolina doesn’t have a general “domestic violence” statute with its own standalone offense; instead, it layers a relationship requirement on top of the underlying assault charges. Under N.C.G.S. § 14-32.5, a person is guilty of Domestic Violence when they use or attempt to use physical force, or threaten the use of a deadly weapon against another person with whom they have a qualifying personal relationship.
No injury is required. No weapon is required. An assault in North Carolina includes intentionally placing someone in fear of immediate harm; physical contact doesn’t have to occur. The relationship between the parties is what elevates a standard assault into a Domestic Violence charge. The relationship element is one of the most important things we examine in every case.
Qualifying Relationships
Current or Former Spouse, Parent, or Guardian
Married couples, divorced couples, parents of the alleged victim, and legal guardians all qualify. The relationship does not have to be current. A former spouse years removed from the marriage still falls within this category.
Person With Whom the Victim Shares a Child in Common
If you and the alleged victim have a child together, regardless of whether you were ever married or lived together, this category applies. One of the most common relationship triggers in Guilford County.
Current or Former Cohabitant as Spouse, Parent, or Guardian
People who currently live together or have previously lived together in a spousal or parental-type relationship. This covers long-term partners who never married but cohabitated.
Person Similarly Situated to a Spouse, Parent, or Guardian
A catch-all category for relationship structures that resemble but do not fit neatly into the categories above. This is the broadest element and the one most frequently contested when the nature of the relationship is ambiguous.
Current or Recent Former Dating Relationship
Defined by federal statute (18 U.S.C. § 921) as a continuing serious relationship of a romantic or intimate nature. The relationship is assessed based on its length, nature, and the frequency and type of interaction. A brief or casual encounter is different from a "dating relationship" under this definition. This element is frequently disputed.
Both elements must be proven. The State must prove both the underlying assault and the qualifying relationship. If either element fails, whether because the alleged conduct does not meet the assault definition or because the relationship does not qualify under the statute, the Domestic Violence charge fails. Challenging either element is where defense strategy begins.
THE DOMESTIC HOLD
Why You or Your Family Member Can’t Bond Out Immediately
When someone is arrested for Domestic Violence in Greensboro, the magistrate cannot release them on bond and must hold them for first appearance. A domestic hold is automatically imposed, meaning the defendant stays in the Guilford County Detention Center until a district court judge addresses the hold at first appearance the next day.
The person arrested cannot leave until a judge holds first appearance, reviews the case, and lifts the hold. First Appearance is the first opportunity for an attorney to advocate for release, which is why calling us the next morning rather than waiting can directly affect how long someone stays in custody.
At first appearance, we present community ties, employment, and the nature of the relationship- any context that supports release and any other factor the attorney deems important to present to a judge. The judge may lift the hold entirely, lift it with a no-contact condition attached, or maintain it. We prepare for all three scenarios.
WHAT’S REALLY AT STAKE
The Consequences That Go Beyond the Courtroom
A Class A1 misdemeanor conviction is the floor of what people think about when they hear “domestic violence charge”. The consequences that people feel for years are what we spend the most trying to prevent.
Consequences That Extend Beyond the Courtroom
Federal Firearms Prohibition: The Lautenberg Amendment
Under federal law (18 U.S.C. § 922(g)(9)), a conviction for a misdemeanor crime of domestic violence permanently prohibits firearm possession. This is a federal lifetime ban. It applies regardless of what NC state law says, and it applies to active duty military and law enforcement just as it does to civilians. For anyone who owns firearms, holds a job that requires them, or is active military, this is often the most devastating consequence of a conviction. We analyze whether the Lautenberg Amendment would apply before any plea is entered.
Child Custody: Family Court Impact
Family court judges in Guilford County see domestic violence convictions in custody proceedings. A conviction for Domestic Violence in a case involving a co-parent is directly relevant to custody arrangements, visitation rights, and any future modification of custody orders. How the criminal case resolves has downstream effects on family court, and we factor those consequences into our strategy.
Employment and Professional Licenses
Standard background checks reveal Class A1 misdemeanor convictions. Jobs in healthcare, education, government, financial services, childcare, and security are particularly sensitive to domestic violence related convictions. Professional licensing boards for nurses, teachers, social workers, and contractors routinely inquire about criminal history and may take adverse action based on a domestic violence conviction.
Military Service and Security Clearances
The Lautenberg Amendment's firearms prohibition applies to active duty military members. A conviction can trigger discharge proceedings or bar continued service. Security clearances are subject to review following any criminal conviction, with domestic violence convictions drawing particular scrutiny.
The 50B Protective Order: Separate but Connected
A Domestic Violence charge frequently accompanies a civil domestic violence protective order (DVPO or 50B) filed in District Civil Court. The two proceedings are separate, with the criminal case handled in criminal court and the civil protective order handled in civil court, but they are strategically connected. Statements made in the civil 50B proceeding can surface in the criminal case. We handle both in coordination when they arise from the same incident, and we advise specifically on how to navigate the 50B process without prejudicing the criminal defense.
No Contact Conditions: What Happens When You Violate Them
When a domestic hold is lifted and someone is released, a standard condition of release is no contact with the alleged victim. This applies even if the alleged victim initiates contact. Violating a no contact order is a separate criminal offense and may also constitute a probation violation. We advise clients precisely on what no contact conditions prohibit and what to do if the alleged victim reaches out before release is granted.
WHAT’S REALLY AT STAKE
The Consequences That Go Beyond the Courtroom
A Class A1 misdemeanor conviction is the floor of what people think about when they hear “domestic violence charge”. The consequences that people feel for years are what we spend the most trying to prevent.
Consequences That Extend Beyond the Courtroom
Federal Firearms Prohibition: The Lautenberg Amendment
Under federal law (18 U.S.C. § 922(g)(9)), a conviction for a misdemeanor crime of domestic violence permanently prohibits firearm possession. This is a federal lifetime ban. It applies regardless of what NC state law says, and it applies to active duty military and law enforcement just as it does to civilians. For anyone who owns firearms, holds a job that requires them, or is active military, this is often the most devastating consequence of a conviction. We analyze whether the Lautenberg Amendment would apply before any plea is entered.
Child Custody: Family Court Impact
Family court judges in Guilford County see domestic violence convictions in custody proceedings. A conviction for Domestic Violence in a case involving a co-parent is directly relevant to custody arrangements, visitation rights, and any future modification of custody orders. How the criminal case resolves has downstream effects on family court, and we factor those consequences into our strategy.
Employment and Professional Licenses
Standard background checks reveal Class A1 misdemeanor convictions. Jobs in healthcare, education, government, financial services, childcare, and security are particularly sensitive to domestic violence related convictions. Professional licensing boards for nurses, teachers, social workers, and contractors routinely inquire about criminal history and may take adverse action based on a domestic violence conviction.
Military Service and Security Clearances
The Lautenberg Amendment's firearms prohibition applies to active duty military members. A conviction can trigger discharge proceedings or bar continued service. Security clearances are subject to review following any criminal conviction, with domestic violence convictions drawing particular scrutiny.
The 50B Protective Order: Separate but Connected
A Domestic Violence charge frequently accompanies a civil domestic violence protective order (DVPO or 50B) filed in District Civil Court. The two proceedings are separate, with the criminal case handled in criminal court and the civil protective order handled in civil court, but they are strategically connected. Statements made in the civil 50B proceeding can surface in the criminal case. We handle both in coordination when they arise from the same incident, and we advise specifically on how to navigate the 50B process without prejudicing the criminal defense.
No Contact Conditions: What Happens When You Violate Them
When a domestic hold is lifted and someone is released, a standard condition of release is no contact with the alleged victim. This applies even if the alleged victim initiates contact. Violating a no contact order is a separate criminal offense and may also constitute a probation violation. We advise clients precisely on what no contact conditions prohibit and what to do if the alleged victim reaches out before release is granted.
WHEN THE ACCUSATION IS FALSE
Falsely Accused of Domestic Violence: What to Do Right Now
False accusations in domestic violence cases happen; usually, we see these in contentious separations, custody disputes, and situations where the alleged victim was the initial aggressor. The criminal justice system doesn’t automatically sort these out. Your job right now is to protect yourself, not to try to resolve the situation directly.
Do not contact the alleged victim — not to apologize, not to explain, not to ask them to drop the charges. Even if they reach out, do not respond without speaking to your attorney first. A no-contact condition may already be in place, and contact, even at the victims inititation, is a violation and can result in an additional charge called “Domestic Violence Protection Order Violation”
Document everything immediately—Text messages, emails, social media messages, call logs, anything that reflects the actual nature of the relationship or contradicts the alleged victim's account. Screenshots saved now may not be accessible later. Write down your recollection of what happened in detail while your memory is fresh. Dates, times, what was said, who was present, and the sequence of events.
Give your attorney everything. Information that seems minor or embarrassing, prior incidents, things you said, and context about the relationship is information we need to evaluate the case honestly and build the most effective defense. We are not here to judge the relationship. We're here to defend the charge.
WHEN THE ACCUSATION IS FALSE
Falsely Accused of Domestic Violence: What to Do Right Now
False accusations in domestic violence cases happen; usually, we see these in contentious separations, custody disputes, and situations where the alleged victim was the initial aggressor. The criminal justice system doesn’t automatically sort these out. Your job right now is to protect yourself, not to try to resolve the situation directly.
Do not contact the alleged victim — not to apologize, not to explain, not to ask them to drop the charges. Even if they reach out, do not respond without speaking to your attorney first. A no-contact condition may already be in place, and contact, even at the victims inititation, is a violation and can result in an additional charge called “Domestic Violence Protection Order Violation”
Document everything immediately—Text messages, emails, social media messages, call logs, anything that reflects the actual nature of the relationship or contradicts the alleged victim's account. Screenshots saved now may not be accessible later. Write down your recollection of what happened in detail while your memory is fresh. Dates, times, what was said, who was present, and the sequence of events.
Give your attorney everything. Information that seems minor or embarrassing, prior incidents, things you said, and context about the relationship is information we need to evaluate the case honestly and build the most effective defense. We are not here to judge the relationship. We're here to defend the charge.
OVERVIEW
What Is Domestic Violence in North Carolina?
In North Carolina, Domestic Violence means 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. These acts do not include acts of self-defense under North Carolina law. You can read more on the statute here. Call us at 336-802-1090 if you need a professional Domestic Violence defense in Greensboro, NC
FALSE ACCUSATIONS
What to Do If You Are Falsely Accused of Domestic Violence
At Aberle and Connolly, PLLC, our Greensboro domestic violence defense attorneys provide strategic, aggressive representation tailored to your case.. It is important that you do not speak about your charge with anyone. You should provide your attorney with supporting documentation and witnesses that support you being falsely accused. Remember, your best defense is to not contact the victim in your case. Usually a Judge will issue a no contact order as part of your bond condition or you could have a 50B order that prohibits you from having contact with the victim.
THE CHARGES
Legal Definition of Misdemeanor Crime of Domestic Violence
Under North Carolina General Statutes 14‑32.5, domestic violence is:
(a) Offense and Punishment. – A person is guilty of a Class A1 misdemeanor if that person uses or attempts to use physical force, or threatens the use of a deadly weapon, against another person and the person who commits the offense is:
(1) A current or former spouse, parent, or guardian of the victim.
(2) A person with whom the victim shares a child in common.
(3) A person who is cohabitating with or has cohabitated with the victim as a spouse, parent, or guardian.
(4) A person similarly situated to a spouse, parent, or guardian of the victim.
(5) A person who has a current or recent former dating relationship with the victim.
(b) Definition. – For purposes of this section, the term "dating relationship" is as defined in 18 U.S.C. § 921. (2023‑14, s. 8.3(a).)
Dating Relation according to U.S.C. § 921 is defined as:
(37)(A) The term "dating relationship" means a relationship between individuals who have or have recently had a continuing serious relationship of a romantic or intimate nature.
(B) Whether a relationship constitutes a dating relationship under subparagraph (A) shall be determined based on consideration of-
(i) the length of the relationship;
(ii) the nature of the relationship; and
(iii) the frequency and type of interaction between the individuals involved in the relationship.
RELATED ARTICLES
What Is a Domestic Hold in Greensboro, NC?
In Greensboro, NC when you are arrested for Misdemeanor Crime of Domestic Violence, the magistrate cannot release you. This means you will stay in jail until first appearance and appear in front of a judge, hence the name domestic hold.
Can Domestic Violence charges be dropped in North Carolina?
A charge like this in Greensboro, NC can be dropped but only through the District Attorney's office in Guilford County, NC. The victim cannot drop charges as that is up to the District Attorney's office now. That is why it is important to get in contact with an experienced domestic violence lawyer at Aberle and Connolly, PLLC in Greensboro, NC to help you navigate this.
Reviews from our Clients
Aberle and Connolly is proud that we have represented numerous clients facing Domestic Violence charges or even just assault charges.
Julie Wall [Connolly] has done nothing short of amaze me with the outcomes of the charges I had. Out of 6 charges, Domestic [Violence] and Criminal, she has got 5 completely dropped and the last one reduced already from a Felony to a Misdemeanor and soon that one will be dropped …. she has fought for me and I appreciate everything her and her firm has done for me. If you want a lawyer who cares and gets results, call her. I enjoy seeing her each court date because she always has good news. Thanks miss Wall [Connolly]!
— JOSHUA HYATT, GOOGLE.COM
Charged in Greensboro or Guilford County, NC?
Do not face a domestic violence or assault charge alone. Call today for a free consultation with an experienced Greensboro criminal defense attorney.