Types of Domestic Violence Charges

Types of Domestic Violence Charges

Many people believe that “domestic violence” is a specific criminal charge, but in North Carolina, it’s actually an umbrella term that encompasses various offenses. These crimes occur between individuals in close relationships—such as spouses, partners, or family members—and can range from physical violence to emotional manipulation. Understanding the different types of domestic violence helps you know your rights and what to expect if you’re arrested on these charges.

Criminal Offenses Classified as Domestic Violence

Here is a breakdown of what is considered domestic violence in North Carolina.

Physical Abuse

Physical abuse covers any bodily harm or threat of harm to the victim. Specific offenses may be charged based on the details of the incident.

  • Simple assault: This is a common charge in domestic violence cases. It typically involves minor injuries or the threat of violence without a weapon. Even a small physical altercation, like a shove or slap, can result in a simple assault charge.
  • Assault on a female: Only men over 18 can be charged with this crime. Although it seems unfair under the Equal Protection Clause in the Constitution, North Carolina Courts have upheld its legality.
  • Assault on a child: This charge applies when the victim is a child under 12, making it particularly serious in domestic violence situations involving family members or caregivers.
  • Assault with a deadly weapon: The charge is upgraded when a weapon is involved, even if it doesn’t cause physical harm. Weapons can include anything from knives and guns to household items used with intent to harm.

Emotional and Psychological Abuse

This type of domestic violence involves actions that intimidate, control, or instill fear. While not always visible, emotional abuse can still lead to criminal charges.

  • Communicating threats: This charge is filed when someone verbally or in writing threatens physical harm to another person. It’s common in situations where emotional manipulation and intimidation are used to maintain control over a victim.
  • Stalking and harassment: These charges apply when the accused repeatedly follows or contacts the victim, causing fear for their safety. Harassment can occur in person or through digital means, like texts or social media.

Sexual Abuse

Sexual abuse in domestic violence cases refers to any non-consensual sexual activity. Charges under this category range from sexual assault to rape, and they carry heavy penalties due to the physical and emotional trauma involved.

  • Sexual battery: This charge involves non-consensual sexual contact, which can include unwanted touching of a sexual nature.
  • Rape: This is a more severe charge involving non-consensual penetration. In domestic situations, it is often accompanied by other forms of abuse, like physical violence or coercion.

Economic Abuse

Economic abuse occurs when one partner controls the other’s financial resources, limiting their ability to leave the relationship or become self-sufficient. While there are no specific criminal charges called “economic abuse,” related charges may apply.

  • Theft: If one partner takes money or property from the other without consent, they can be charged with theft.
  • Coercion or fraud: These charges may arise if someone manipulates their partner financially, forcing them to make financial decisions or transactions under duress.

Digital Abuse

In today’s tech-driven world, abusers may use technology to intimidate or control victims. This often involves tracking someone’s movements or harassing them online.

  • Cyberstalking: This involves using electronic means to harass or intimidate someone. In domestic violence situations, it often goes hand-in-hand with emotional or psychological abuse.
  • Unauthorized access: Gaining access to a partner’s private digital accounts without permission can result in criminal charges, especially if used to manipulate or control.

The Bail Process for Domestic Violence Charges

When someone is arrested for domestic violence in North Carolina, the immediate goal is usually to post bail. The judge sets the bail amount based on the charge’s severity, any previous criminal history, and whether the defendant poses a risk to the victim. The process can be confusing, and securing a bond quickly is essential to minimize the time in jail.

If you’re unable to post bail on your own, a bail bond company can help. Bonding agents charge a non-refundable fee—usually 10% to 15% of the total bail amount. Once the fee is paid, the bondsman guarantees the full bail to the court, allowing the defendant to be released. This makes it easier for individuals to prepare for their legal cases from home rather than behind bars.

Trusted Bail Bond Services in North Carolina

Being arrested on domestic violence charges is stressful. When such legal challenges arise, you need a trusted team by your side. 1st Choice Bonding & Surety has over 20 years of experience paving a path to freedom for our clients. Our 6 convenient locations in Concord, Salisbury, and Gastonia allow us to respond to your call for help in 5 minutes or less. Trust us to be the key to your release—request bail bond services today.