I am happy to announce the release of a new resource on Domestic Violence Crimes and the 48-Hour Rule. This guide is intended primarily to assist magistrates and others in applying the 48-hour rule as described in G.S. 15A-534.1. The printed version of the guide uses a trifold design which opens to one long chart of offenses covered under the terms of the statute.
The guide covers three categories of offenses:
- those for which only a judge may determine conditions of release, even beyond the initial forty-eight hours;
- those that automatically trigger the 48-hour rule without an additional showing of a qualifying relationship; and
- those that are subject to the 48-hour rule only if the defendant and alleged victim are or have been in a relationship described in the statute.
Also included are charts for (1) issuing a domestic violence protective order (DVPO) pursuant to G.S. 50B-1 and (2) issuing a charge for the misdemeanor crime of domestic violence pursuant to G.S. 14-32.5. These charts are included primarily to distinguish the lists of qualifying relationships between the three statutes (G.S. 15A-534.1, 50B-1, and 14-32.5).
The resource serves as an update to Jeff Welty’s 2019 paper and includes offenses that have been created since the paper was published. Though the charts are intended to be used for quick reference, those who rely on the explanatory text about the inclusion (or exclusion) of certain offenses may continue to find Jeff’s paper helpful.
Printed trifolds were provided at the magistrates’ fall conference, and additional copies will be made available to judicial officials in future domestic violence courses. Any judicial official who would like to request copies for immediate use can do so by sending me an email (bwilliams@sog.unc.edu). Thank you to my colleagues Heather Finegan and Melissa Twomey for their work designing and editing the resource.