Victims of domestic violence are protected by laws, both state and federal, which are important to know for both the affected people and their families.
Many of the laws that apply to victims of domestic violence and sexual assault come from state laws. For example, those related to protection orders, divorce, custody and crimes, among others. But there are also federal laws, which apply in all states of the country, that can be of great relevance to victims of abuse. These include immigration relief for undocumented victims and federal firearms laws.
How domestic violence is defined in North Carolina
In North Carolina, domestic violence occurs when someone with whom a person has an “intimate relationship” takes the following actions against him or her or a minor child:
- Attempts to cause bodily injury, or intentionally causes injury to the body
- Places the person or a member of his or her family or household in imminent danger of serious bodily injury
- Conducts continuous harassment, which reaches a certain level that can cause mental distress
- Commits rape or any listed sexual offense here (In English)
There has not been a charge of domestic violence in North Carolina
There has not been a specific crime of domestic violence in the state. People who abuse their partners or family members are charged with a simple charge of assault or assault on a female.
Under federal law, no one accused of domestic violence is allowed to purchase or possess a firearm. But the federal background check database, sometimes called NICS, does not flag North Carolina domestic violence convictions because they are not clearly labeled in state criminal records as domestic violence.
Crimes considered domestic violence
A person can be charged with a variety of criminal offenses, including simple assault, assault on a female, assault with a deadly weapon, and assault by strangulation. These crimes are considered domestic violence when the assault is committed against certain people with whom the perpetrator has a personal relationship.
While often considered a misdemeanor, the crime can become a more serious crime with penalties of up to 150 days in jail and, depending on the crime, sentences of up to 98 months in prison.
Here You can find more information about crimes linked to domestic violence what an aggressor can commit.
New law defines the misdemeanor crime of domestic violence
As of December 1, the law will come into force SB 20 – Care for Women, Children, and Families Act passed by the North Carolina General Assembly in May, which largely covers changes to abortion laws.
Within this bill there is also a newly defined “domestic violence misdemeanor.”
“Kayla's Act”: Domestic violence victims will be able to testify remotely
What the new law says
SB 20 enacts a new misdemeanor domestic violence offense . Under this new law, a person is guilty of a Class A1 misdemeanor (with harsher penalties of up to 150 days in jail) if he or she uses or attempts to use physical force, or threatens to use a deadly weapon, against another person. The person who commits the crime You must have one of the following relationships with the victim:
- A current or former spouse, parent, or guardian of the victim.
- Person with whom the victim has a child in common.
- Person who lives or has lived with the victim as a spouse, parent or guardian.
- A person in a similar situation to that of the victim's spouse, parent or guardian.
- A person who has a current or recent dating relationship with the victim.
On blog “North Carolina Law” from the University of North Carolina School of Government, indicates that the new law will also expand the list of people who could be charged with Class A1 misdemeanors for acts of simple assault (a Class 2 misdemeanor).
The case of a man and a woman in a dating relationship, who have been arrested for assaulting the other, is cited as an example. Under current law, the man would be charged with assault on a female, a Class A1 misdemeanor, while the woman would be charged with simple assault.
Both could be charged under the new law and punished at the same level for similar acts. This application also extends to other parties in similar situations, including couples in same-sex relationships.
NC Domestic Violence Gun Law
After lawmakers repealed gun permit requirements last spring, overriding Gov. Roy Cooper's veto, some domestic violence advocates in the state have raised concerns about perpetrators' access to firearms.
Senate Bill 41 eliminated the requirement that people purchasing a gun obtain a permit from their county sheriff's office.
Those who purchase a gun through a federally registered firearms dealer must still undergo a criminal background check through the National Instant Criminal Background Check System (NICS).
This means, Eddie Caldwell, executive vice president and general counsel of the North Carolina Sheriff's Association told WRAL, that “people with records of a misdemeanor domestic violence offense can currently purchase a firearm.”
Caldwell also said, the law was repealed because it no longer served its intended purpose.
More information about Law SB 41 can be seen here.
Federal Domestic Violence Relief Laws
The government grants victims of domestic violence some immigration relief, which offers a path to permanent residence and then US citizenship such as the VAWA Act and the U Visa.
VAWA: refers to the Domestic Violence Against Women Act, which was passed by Congress in 1994. This law created a path to legal immigration status for victims of domestic violence, who usually depend on the abuser, request your status.
But the "self petition” of VAWA, allows victims of abuse, who are close relatives of US citizens and legal permanent residents, to apply for status on their own.
This makes it easier for victims of abuse to obtain legal status without the participation or control of the aggressor. To qualify, victims must meet several additional requirements. Eventually, the victim can obtain legal residency (green card).
Once the U.S. Citizenship and Immigration Services (USCIS) approves your VAWA self-petition, it will give you a legal work permit or Employment Authorization Document (EAD).
Although the law has the word “woman” in the title, men or abused persons of any gender can file a VAWA self-petition as long as they can demonstrate their eligibility.
VAWA protects victims' housing rights
This law protects tenants with federal subsidies from being denied housing or being evicted for being victims of domestic violence, dating violence, sexual assault, or stalking.
Some federal programs that are subject to VAWA protections include: public housing, Section 8-based housing projects, or the “HOME” Program, among others. More information here.
U visa for crime victims
Victims of certain crimes, including domestic violence and sexual assault, may be eligible for the U Visa.
Congress created the U Visa in 2000 to help victims of crime, and its purpose is to encourage them to help law enforcement investigate and prosecute crimes without fear of deportation.
The U Visa does not cover all crimes, but it does include domestic violence, stalking, sexual assault, and serious assault, among others. If the victim receives the U Visa, she will receive a work permit and the ability to apply for permanent residency after three years, and citizenship after five years.
More information about the U Visa can be found here.
What you should know about protective orders
In North Carolina there are two types of domestic violence protective orders: temporary (ex parte) protective orders, and final domestic violence protective orders (DVPO or 50B).
An temporary protective order is a court order that is designed to provide the person and their immediate family members with protection from their abuser. A judge can issue an “ex parte” order, without the abuser being present, and will protect the victim until a full hearing is held.
An complete final order DVPO , lasts up to 1 year, and the victim can ask the court to extend the order for one or two years, before the order expires.
Protective orders must be requested in the county in which you live, and can also include the pet of the victim, their children or the aggressor.
If the person does not have a personal relationship with the abuser, harasser, or stalker, they may qualify for a civil order prohibiting contact , also known as "restriction order ".
More information about DVPO protection orders and restraining orders here
Where to find help
If you are looking for help with a “Domestic Violence Protection Order and Restraining Order, you can contact Legal Aid of North Carolina . Their Legal Aid Helpline is: 1-866-219-5262, in Spanish. If you prefer, visit the Legal Aid NC website.
If you are seeking immigration assistance (VAWA, U Visa, T Visa, for victims of human trafficking) related to the violence you have experienced, please contact the Legal Aid Battered Immigrant Project . (1-866-204-7612, Spanish spoken). The Project accepts calls on Tuesdays (3:30 pm – 7:30 pm) and Thursdays (9:00 am – 1:00 pm).
You can also contact Compass Center at: 919-929-7122 (Spanish spoken) for other services and referrals related to domestic and sexual violence.
The website of the North Carolina Coalition Against Domestic Violence ( NCDVC) has a list of domestic violence service providers . An available Spanish translation is at the top of the page.
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