Your Rights If You’re Accused of Domestic Abuse in North Carolina
Being accused of domestic abuse in North Carolina is a life-altering event. Even before a case reaches trial, the consequences can begin immediately—arrest, protective orders, loss of gun rights, damage to your reputation, and strain on family relationships. Employers, neighbors, and even friends may judge you harshly based on an allegation alone.
Under North Carolina law, domestic violence cases are taken extremely seriously, and prosecutors often pursue them aggressively. A conviction can carry jail time, steep fines, loss of certain civil rights, and even restrictions on custody or visitation with your children. But it’s important to remember: an accusation is not the same as a conviction. You have rights under both state and federal law, and how you exercise those rights from the very beginning can make all the difference in the outcome of your case.
At The Khan Law Offices, we know how devastating a domestic violence accusation can be. With more than 50 years of combined legal experience, our attorneys fight to protect our clients’ freedom, reputation, and future. If you’ve been accused of domestic abuse in Union County or anywhere in North Carolina, don’t wait—contact The Khan Law Offices today to start building your defense.
Understanding Domestic Violence Charges in North Carolina
In North Carolina, domestic violence is broadly defined under N.C. Gen. Stat. § 50B-1. The statute considers an act to be domestic violence if it involves causing bodily injury, attempting to cause injury, or placing a person (with whom the accused has a personal relationship) in fear of imminent serious bodily injury or continued harassment. A “personal relationship” includes spouses, former spouses, household members, parents and children, or individuals who are dating or have dated.
Domestic abuse charges can take several forms, including:
- Assault on a female (N.C. Gen. Stat. § 14-33(c)(2)), a misdemeanor offense that carries harsher penalties when the defendant is male and the victim is female.
- Communicating threats (N.C. Gen. Stat. § 14-277.1), which involves threatening bodily harm or damage to property.
- Violation of a protective order (50B order) (N.C. Gen. Stat. § 50B-4.1), which can be charged as a misdemeanor or felony depending on circumstances.
- Felony charges, such as assault by strangulation (N.C. Gen. Stat. § 14-32.4(b)) or habitual misdemeanor assault (N.C. Gen. Stat. § 14-33.2) when there are prior convictions.
Because these charges often involve protective orders, defendants can face immediate restrictions such as removal from their home, no-contact conditions, or loss of firearm rights under state and federal law. Importantly, these restrictions can begin before a case is even proven in court.
At The Khan Law Offices, we help clients understand the specific charges they are facing and the legal consequences tied to them. Knowing exactly what the state must prove is the foundation for building a strong defense strategy. If you are facing domestic violence charges in Union County, contact The Khan Law Offices today. Our team will explain your rights, the charges against you, and the steps we can take to protect your future.
Right to Remain Silent and Avoid Self-Incrimination
If you are accused of domestic abuse in North Carolina, one of the most important protections you have is the right to remain silent. Under the Fifth Amendment to the U.S. Constitution, no person “shall be compelled in any criminal case to be a witness against himself.” This means you cannot be forced to answer questions from law enforcement or prosecutors that could incriminate you.
North Carolina law reinforces this right. N.C. Gen. Stat. § 15A-501 requires officers to inform an arrested person of the charges and their right to remain silent. Anything you say—even casually during or after an arrest—can be introduced in court and used against you. This includes statements made to police, in text messages, or even during recorded jail calls.
Many defendants make the mistake of trying to explain their side of the story in the moment, thinking they can clear up a misunderstanding. In reality, these statements often give the prosecution more evidence to use against them. The safest course of action is simple: politely assert your right to remain silent and request an attorney.
At The Khan Law Offices, we advise clients not to speak to law enforcement without legal counsel present. Our attorneys protect your rights during questioning, ensure the state follows proper procedures, and prevent damaging statements from being used against you in court. If you have been accused of domestic abuse in Union County, do not risk your future by speaking without representation. Call The Khan Law Offices immediately to protect your rights.
Right to Legal Representation
If you are accused of domestic abuse in North Carolina, you have the constitutional right to an attorney. The Sixth Amendment to the U.S. Constitution guarantees the right to counsel in all criminal prosecutions. This means you are entitled to have a lawyer represent you at every critical stage of your case, including bond hearings, plea negotiations, and trial.
North Carolina law further protects this right. Under N.C. Gen. Stat. § 7A-451, any person charged with a crime that could result in imprisonment has the right to appointed counsel if they cannot afford a private attorney. While the court may assign a public defender, many defendants choose to retain private counsel for the focused attention and defense strategy that an experienced criminal defense firm can provide.
Having an attorney is not just about representation in the courtroom—it’s about protecting your rights from the moment charges are filed. An attorney can:
- Challenge unlawful arrests or protective orders.
- Advocate for fair bond and release conditions.
- Begin investigating the facts of the case immediately, gathering evidence and witness testimony.
- Develop a strong defense strategy tailored to your situation.
At The Khan Law Offices, we bring over 50 years of combined experience to defending clients accused of domestic violence in Union County and across North Carolina. We know the stakes are high, and we fight to protect your freedom, your record, and your reputation.
If you are facing domestic abuse allegations, don’t wait until your court date to get help. Contact The Khan Law Offices today to put an experienced defense attorney on your side.
Right to a Fair Bond Hearing
After an arrest for domestic abuse in North Carolina, one of the first steps is a bond hearing, where the court decides whether you will be released before trial and under what conditions. This process is governed by N.C. Gen. Stat. § 15A-534, which requires the judge to consider multiple factors when setting bond or other release conditions.
At a bond hearing, the court may impose:
- Unsecured bond or written promise to appear – you are released without paying money up front but must return for all hearings.
- Secured bond – you must post money, property, or work with a bail bondsman to secure release.
- Conditions of release – common in domestic violence cases, these may include no-contact orders, electronic monitoring, or restrictions on firearm possession.
- Denial of release – rare, but possible in severe cases involving repeat offenses or danger to the victim.
When determining bond, the judge evaluates factors such as:
- The seriousness of the charges.
- Any prior criminal history.
- Ties to the community (family, work, residence).
- Potential risk to the alleged victim or public safety.
Because domestic violence cases often involve protective orders and heightened scrutiny, defendants can face restrictive bond conditions that disrupt their daily lives. An experienced attorney can argue for fair release terms, present evidence of community ties, and challenge unnecessary restrictions.
At The Khan Law Offices, we fight to ensure our clients are not subjected to excessive bail or harsh conditions that go beyond what the law requires. We know how important it is to return home and begin working on your defense immediately. If you or a loved one is being held on a domestic violence charge in Union County, call The Khan Law Offices today. We will advocate for fair bond conditions and protect your rights from the start.
Rights During the Court Process
Being accused of domestic abuse in North Carolina does not mean you will be convicted. You are entitled to important rights throughout the court process that help ensure fairness and allow you to defend yourself.
1. Right to a Fair Trial
Under the Sixth Amendment and N.C. Const. Art. I, § 24, you have the right to a trial by jury in most criminal cases. This means the state must present its case to an impartial jury, and guilt must be proven beyond a reasonable doubt.
2. Right to Confront Your Accuser
The Confrontation Clause of the Sixth Amendment guarantees your right to cross-examine witnesses who testify against you, including the alleged victim. This allows your attorney to challenge inconsistencies, credibility, and reliability of their statements.
3. Right to Challenge Evidence
You have the right to contest the evidence the prosecution presents. This may include moving to suppress unlawfully obtained evidence under N.C. Gen. Stat. § 15A-974, questioning the reliability of witness statements, or challenging the validity of protective orders.
4. Right to Present a Defense
Defendants may offer testimony, witnesses, or evidence that supports their innocence. Common defenses in domestic violence cases include self-defense, lack of intent, or false allegations motivated by custody disputes or personal conflict.
5. Right to Appeal
If convicted, you maintain the right to appeal the court’s decision to a higher court, where errors in the trial process can be reviewed and corrected.
Understanding and exercising these rights is critical. Without experienced representation, many defendants fail to take advantage of protections guaranteed under state and federal law. At The Khan Law Offices, we ensure that our clients’ rights are upheld at every stage of the process. From pretrial hearings to cross-examination at trial, we fight to keep the playing field fair and build the strongest defense possible. If you are facing domestic abuse charges in Union County, don’t leave your rights unprotected. Call The Khan Law Offices today to secure experienced legal defense.
Collateral Rights at Stake in Domestic Abuse Cases
Beyond jail time and fines, domestic abuse charges in North Carolina can impact nearly every part of your life. Even before a case reaches trial, protective orders and bond conditions can restrict your freedoms. If convicted, the consequences extend well beyond the courtroom.
1. Gun Rights
A domestic violence conviction or even a qualifying protective order can cost you the right to possess firearms. Under federal law (the Lautenberg Amendment, 18 U.S.C. § 922(g)(9)), individuals convicted of misdemeanor domestic violence lose their Second Amendment rights. In North Carolina, judges frequently impose firearm restrictions in connection with 50B protective orders.
2. Child Custody and Visitation
Under N.C. Gen. Stat. § 50-13.2, judges must consider any history of domestic violence when making custody and visitation decisions. An allegation alone can result in limited visitation, supervised visitation, or restrictions that disrupt your relationship with your child.
3. Employment and Professional Licensing
A domestic violence conviction on your criminal record can limit employment opportunities, particularly in fields requiring background checks or state licensing (such as healthcare, education, or law enforcement). Some employers may also take action simply after an arrest.
4. Housing and Immigration Consequences
A conviction can impact housing opportunities, especially for individuals in federally assisted housing programs. For non-citizens, domestic violence convictions may also trigger immigration consequences, including removal proceedings under federal immigration law.
These collateral consequences demonstrate why it is critical to fight domestic abuse allegations aggressively. The stakes go far beyond the courtroom, affecting your family, career, and future.
At The Khan Law Offices, we understand what’s at risk, and we fight to protect every aspect of our clients’ lives. If you have been accused of domestic abuse in Union County, don’t wait to act. Contact The Khan Law Offices today to protect your rights, your family, and your future.
Protect Your Rights with a Union County Domestic Violence Defense Lawyer
Being accused of domestic abuse in North Carolina is one of the most serious challenges you can face. Allegations alone can affect your freedom, family, and reputation, while a conviction can lead to lasting criminal, civil, and personal consequences. But you are not powerless. You have rights under both state and federal law, and exercising those rights effectively requires experienced legal counsel.
At The Khan Law Offices, our attorneys bring more than 50 years of combined experience to defending individuals accused of domestic violence in Union County and across North Carolina. We understand how local courts handle these cases, and we know what it takes to protect your freedom, your record, and your future.
If you are facing domestic abuse charges, don’t leave your future to chance. Contact The Khan Law Offices today to schedule a confidential consultation and get the defense you deserve.

