Last month, the North Carolina General Assembly passed S.L. 2023-14 (S 20) which largely covers changes to abortion laws. Within this bill is also a newly defined “misdemeanor crime of domestic violence,” which takes effect for offenses committed on or after December 1, 2023. This post discusses the utility of the new offense and the implications that it may have on a defendant’s gun rights.
domestic violence
An Update on Caitlyn’s Courage DV Prevention Pilot
Last year, the General Assembly appropriated $3.5 million from federal Coronavirus Aid, Relief, and Economic Security (CARES) Act funding to the Department of Public Safety to be used as a grant for Caitlyn’s Courage, Inc. See S.L. 2020-80 as modified by S.L. 2020-78. The non-profit was to use the funds to conduct pilot programs in at least nine judicial districts through which it would provide GPS electronic monitoring devices to be used as a condition of pretrial release for defendants charged with crimes related to stalking, sexual assault, domestic abuse, and violations of a domestic violence protective order. The legislation directed Caitlyn’s Courage to report back to the General Assembly on the effectiveness of the programs and on recommendations for expansion. This post discusses the Caitlyn’s Courage programs, reviews highlights from its April 2021 report to the legislature (“the Report”), and cites a legislative proposal to allocate substantially more funding to expand this type of programming statewide.
Criminal Violations of a DVPO
In North Carolina, victims of domestic violence are protected by both civil and criminal laws. Our state’s Domestic Violence Protective Order (DVPO) laws are in Chapter 50B of the General Statutes. A person seeking relief under Chapter 50B may file a civil action in district court alleging acts of domestic violence and seeking entry of a protective order. If the court enters a DVPO, a violation can have criminal consequences. This post reviews the criminal offenses involving violations of DVPOs.
Beaten, Battered, and Bruised: Multiple Assault Offenses or a Continuing Assault Offense?
Imagine a case of domestic violence in which the perpetrator physically and violently assaults a victim. The perpetrator punches the victim with his fist, grabs the victim by the throat and strangles her, and grabs the nearest object and hits her over the head. The victim suffers a broken jaw, black eye, and a concussion and sustains bruising to the neck.
Assuming each of these acts occurred within a short and continuous time frame, could the perpetrator be charged with multiple counts of assault or only one?
A Closer Look at the Elements of Assault by Strangulation
I have been getting several questions lately about the crime of assault by strangulation, a Class H felony under G.S. 14-32.4(b). This crime can be tricky because two of its four elements are not statutorily defined. This post explains those elements in more detail.
New Paper on the 48-Hour Rule
One of the projects that I wanted to finish before I go was updating my old paper on the 48-hour rule of G.S. 15A-534.1. I just completed the update. The new paper is available here. It is more comprehensive than before, but in a different format that is a little longer and less handy. It … Read more
New Bill Proposes GPS Tracking of Domestic Violence Offenders
A bill has been introduced in the legislature that would allow for GPS tracking of domestic violence offenders. Has that been tried elsewhere? Would it be constitutional? Would it open the door to tracking other types of people? This post tackles those questions.
The Domestic Violence Condition of Probation
North Carolina has a regular condition of probation requiring abuser treatment for defendants found responsible for acts of domestic violence. Today’s post discusses the condition, and what happens when a defendant violates it.
Does a No Contact Order Apply While the Defendant Is in Jail?
When setting conditions of pretrial release in domestic violence cases, magistrates and judges often order a defendant not to contact the victim. Those directives clearly apply to a defendant once he is released from jail subject to those conditions. But what about a defendant who remains in jail? Is he also subject to a no contact condition included on a release order? The court of appeals addressed that issue yesterday in State v. Mitchell.
May a Magistrate Impose Conditions on a Defendant’s Conduct While in Pretrial Detention?
This question in the title of this post came up in a recent class. The specific context involved a domestic violence defendant who was in jail waiting for a judge to set conditions of release pursuant to the 48 hour rule established in G.S. 15A-534.1. But a similar issue arises whenever a magistrate sets conditions of release for a defendant who is unable to make bond and so remains in pretrial detention. An example of a common condition is that the defendant not contact the alleged victim.