I previously blogged about the new misdemeanor crime of domestic violence, which will take effect on December 1, 2023. For the new offense, codified as G.S. 14-32.5, a person is guilty of a Class A1 misdemeanor if that person uses or attempts to use physical force, or threatens the use of a deadly weapon, against another person. The person who commits the offense must have a covered relationship with the victim, as specified by the statute.
While both the new misdemeanor domestic violence statute (G.S. 14-32.5) and the existing domestic violence pretrial release statute (G.S. 15A-534.1) require both a covered offense and a qualifying relationship, the requirements do not mirror one another. This post explores the interplay between the relationships listed under G.S. 14-32.5 and G.S. 15A-534.1.
Comparing the statutes
The list of relationships for the new misdemeanor crime of domestic violence (referred to in this blog as the new DV offense or a violation of G.S. 14-32.5) is broader than the list of qualifying relationships under the pretrial release statute (referred to here as the 48-hour statute or G.S. 15A-534.1). A person charged with the new DV offense will not necessarily be subject to the 48-hour statute….