Change to North Carolina Domestic Violence Law

Each year the North Carolina General Assembly makes changes to North Carolina criminal law. You should be sure that the Raleigh criminal lawyer you hire is aware of recent changes – including the North Carolina Justice Reinvestment Act – which can dramatically affect the handling of criminal cases in Wake County. (Last year’s changes, for instance, included the addition of a new sentencing level in DWI charges that can lead to up to 3 years in prison and up to $10,000 in fines.)

The General Assembly has passed several new laws that will become the law of the state later this year, including changes to Domestic Violence laws. These special category of crimes are usually resolved in courtroom 4A of the Wake County Courthouse by a designated two-person team of prosecutors assigned by the Wake County District Attorney.

Under the recent change, as of December 1, 2012, any defendant placed on probation will be required to complete treatment in a state certified abuser treatment program, such as the DOSE program offered by Triangle Family Services. Failure to comply with the program will be reported back to the Court, and the court may impose additional sanctions for failure to enroll or successfully complete the program.

DOSE can also be imposed as a condition of unsupervised program, in which case the court must schedule a compliance review date within 60 days o the entry of judgment, and every 60 days thereafter until the defendant completes the program.

In addition, the court must enter on the judgment of conviction that the case involved domestic violence if the offense was an assault and the defendant and the victim had a personal relationship.

Damon Chetson

Damon Chetson is a Board Certified Specialist in State and Federal Criminal Law. He represents people charged with serious and minor offenses in Raleigh, Wake County, and the Eastern District of North Carolina. Call (919) 352-9411.