Being accused of domestic violence is a serious matter in North Carolina. Being charged can impact your freedom, your reputation, and your ability to see your children or return to home. Whether the accusation arises from a misunderstanding, a heated argument, or a retaliatory allegation, you need a skilled legal team who understands both the criminal and civil sides of these cases.

At Denninger & Philbeck, we defend clients facing criminal domestic violence charges and also represent them in civil protective order proceedings under N.C.G.S. § 50B (Domestic Violence Protective Orders) and N.C.G.S. § 50C (Civil No-Contact Orders). We work to protect your rights at every stage and minimize the long-term consequences of these complex cases.

What Is Considered Domestic Violence in North Carolina?

Under North Carolina law, “domestic violence” refers to certain acts committed against someone with whom the accused has or had a personal relationship. This includes spouses, former spouses, current or former dating partners, co-parents, household members, and family members.

Criminal charges often associated with domestic violence include:

• Assault on a female
• Simple Assault
• Assault by strangulation
• Communicating threats
• Interference with emergency communication
• Domestic Criminal Trespass

These charges can be either misdemeanors or felonies, and many carry mandatory jail time upon conviction, especially if the accused has prior domestic violence convictions.

Civil Protective Orders: 50B and 50C Proceedings

In addition to criminal charges, an accuser may file for a protective order in civil court. These are completely separate legal proceedings and can have immediate and serious consequences for the respondent.

50B – Domestic Violence Protective Orders (DVPO)

Also known as a “restraining order,” a 50B order can be issued when the court finds that an act of domestic violence occurred between parties with a personal relationship. A DVPO can:

• Order you to vacate your home
• Prevent any contact with the accuser
• Restrict access to children or require temporary custody terms
• Suspend firearm rights

A hearing is typically held within 10 days of the accuser receiving an emergency ex parte order from a District Court judge. The burden of proof is easier to meet in a 50B hearing than in a criminal case, and the outcome may have an impact on your criminal case.

50C – Civil No-Contact Orders

A 50C order applies to individuals not in a domestic relationship, such as neighbors, coworkers, or acquaintances. These orders are often filed in cases alleging harassment, stalking, or nonconsensual sexual conduct. A 50C order can still restrict contact just like a 50B and cause reputational harm.

Possible Defenses to Domestic Violence Charges

Our attorneys analyze each case for legal and factual defenses, which may include:

• False or retaliatory allegations: Common in custody battles or breakups
• Self-defense: You are entitled to protect yourself from harm, even in a domestic setting
• Lack of requisite intent: Especially in property damage or harassment cases
• Insufficient evidence: Many cases rely on statements without physical evidence
• Violation of rights: Unlawful arrest, Miranda violations, or lack of probable cause

In civil cases, we also challenge the credibility and consistency of testimony, cross-examine witnesses, and raise legal objections to improper or exaggerated claims.

Why You Need an Attorney for Both the Criminal and Civil Case

What happens in civil court can directly affect your criminal defense, and vice versa. Testimony given in a 50B hearing may be used against you in the criminal trial. If you don’t have a lawyer, you risk saying something that can hurt your case.

At Denninger & Philbeck, we represent clients in both:

• Criminal domestic violence charges, from arrest to trial
• Civil proceedings under 50B and 50C, including emergency hearings, trials, and motions to modify or terminate orders

We are experienced in coordinating these parallel cases and ensuring that your rights are protected in both arenas.

Don’t Wait! The Clock Is Ticking

Domestic violence cases can move quickly. You may be served with a summons, arrested, and barred from your home all in the same day. If you have been accused of domestic violence, do not contact the alleged victim, even if you believe the situation is a misunderstanding. Doing so could result in new charges.

Instead, contact us immediately. The sooner we can get involved, the better your chances of protecting your freedom, your family, and your future.

At Denninger & Philbeck, we take domestic violence allegations seriously. Contact us today for a free, confidential consultation.