Filling in the Gaps: Changes on the Horizon for Misdemeanor Crime of Domestic Violence

Several times a year, I teach different groups about criminal domestic violence laws in North Carolina. Last year, I highlighted the misdemeanor crime of domestic violence (MCDV) under G.S. 14-32.5 in many of the sessions, but there were many unresolved questions. Earlier this month, the General Assembly passed Session Law 2025-70 (Senate Bill 429) which, among other things, answers many of those questions. This post reviews the misdemeanor crime of domestic violence and the pending changes to the law. A person charged with misdemeanor crime of domestic violence—previously blogged about here—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 certain victims. The person who commits the offense must have one of the following relationships with the victim: A current or former spouse, parent, or guardian of the victim. A person with whom the victim shares a child in common. A person who is cohabitating with or has cohabitated with the victim as a spouse, parent, or guardian. A person similarly situated to a spouse, parent, or guardian of the victim. A person who has a current or recent former dating relationship with the victim.   Effective for offenses committed on or after December 1, 2025, S.L. 2025-70 (S 429) makes the following clarifying changes to issues related to MCDV: Misdemeanor assaults are not lesser included offenses of MCDV. Under the new law, G.S. 14-33(e) is added to clarify that an offense under G.S. 14-33 [...]