Understanding the Broad Scope of Domestic Violence Charges

When most people think of domestic violence, they picture physical assault, pushing, hitting, or other bodily harm. But under North Carolina law, domestic violence is defined more broadly than just physical acts. In fact, you can be charged with domestic violence even if no physical contact occurred.

That means actions like threats, harassment, stalking, or emotional intimidation can lead to criminal charges, protective orders, and serious consequences. For those accused, this can come as a shock, especially if the situation involved a heated argument, text messages, or misinterpreted behavior.

If you're facing accusations of domestic violence in North Carolina without ever laying a hand on the other person, it's essential to understand what the law says, what your rights are, and how you can defend yourself.

What Qualifies as Domestic Violence in North Carolina?

Under N.C. General Statute § 50B-1, domestic violence includes a range of behaviors that occur between people who have a “personal relationship.” This includes current or former spouses, people who live together or used to live together, those who share a child, or people who are dating or have dated in the past.

The law defines domestic violence as any of the following acts committed against a person in that relationship:

• Causing bodily injury
• Attempting to cause bodily injury
• Placing the person in fear of imminent serious bodily injury
• Harassment that rises to the level of substantial emotional distress
• Stalking
• Sexual offenses or threats of sexual assault

Notably, several of these involve no physical contact at all. If someone claims you threatened them, harassed them, or caused them severe emotional distress, you could face criminal charges or be subject to a protective order, even if nothing physical occurred.

Examples of Non-Physical Acts That May Lead to Charges

To understand how this works in real life, consider the following scenarios:

• A person sends repeated text messages to their ex late at night, including aggressive or threatening language.
• During a heated argument, someone yells at their partner and makes a comment that the partner interprets as a threat of violence.
• Someone follows a former dating partner to work or shows up unexpectedly at their home multiple times, even without confrontation.

In each of these examples, there is no physical contact, but they could still form the basis for a domestic violence charge or a 50B protective order. What matters most is how the behavior is interpreted by the alleged victim and whether it meets the legal threshold for fear, distress, or coercion.

How Protective Orders Come Into Play

In North Carolina, an accuser can request a Domestic Violence Protective Order (DVPO), also known as a 50B order, without any criminal charges being filed. These orders can:

• Prohibit contact of any kind (in person, phone, email, text, social media)
• Remove you from your home, even if you share it
• Restrict visitation with children
• Order temporary custody arrangements
• Require you to surrender firearms

Even if the allegations involve non-physical conduct, a judge can still issue a protective order if they believe the person requesting it is at risk or has experienced significant emotional distress. Violating a 50B order is a criminal offense and can result in arrest and jail time.

Can Words Alone Lead to a Conviction?

Words, spoken, written, or texted, can absolutely form the basis of a domestic violence charge in North Carolina if they are found to be threatening or harassing. However, the prosecution must still prove that your words placed the other person in “fear of imminent serious bodily injury” or caused substantial emotional distress under the law.

This is where context matters. Courts will look at:

• The nature and content of the messages or communication
• The tone and intent behind your statements
• Whether there’s a history of prior incidents or threats
• Whether a reasonable person would feel fear or emotional trauma

Defending these cases often involves showing that your words were taken out of context, were not intended as threats, or that the accuser’s response was not reasonable under the circumstances.

Contact Kastrati Law Today to Speak With a Trusted Domestic Violence Attorney

Being accused of domestic violence, especially when no physical harm occurred, can feel confusing and overwhelming. Many people assume they’ll be fine because “nothing happened.” But a domestic violence charge, or even a temporary 50B order, can impact your job, reputation, family life, and freedom.

Here are steps you should take immediately if you’ve been accused:

• Do not contact the accuser under any circumstances, even if the accusations are false.
• Follow the terms of any protective order exactly as written.
• Consult a criminal defense attorney who understands domestic violence law in North Carolina.
• Preserve any communications or evidence that may help your defense, including text messages, call logs, or witness names.
• Avoid discussing your case on social media or with mutual friends.

An experienced domestic violence attorney can help you challenge false or exaggerated claims, prepare for your hearing, and work to minimize the impact on your record and life.

If you’re facing a domestic violence charge or 50B protective order in North Carolina, whether or not physical contact was involved, contact Kastrati Law. We’re here to protect your rights, build your defense, and ensure your voice is heard in and out of the courtroom.