Home Attorneys & Law The New 48-Hour Rule and Misdemeanor DV Criminals: A Closer Look

The New 48-Hour Rule and Misdemeanor DV Criminals: A Closer Look


The new crime of domestic abuse, which is a misdemeanor, will come into effect on December 1, 2020. The new crime, codified in G.S. A person commits a Class A1 Misdemeanor when they use or attempt to use physical violence, or threaten the use of deadly weapons, against another. The statute specifies that the offender must have a protected relationship with the victim.

Both the new misdemeanor Domestic Violence Statute (G.S. Both the new misdemeanor domestic violence statute (G.S. Although 15A-534.1, which requires both a covered crime and a relationship that qualifies, does not match the other requirements. This post explores how the relationships listed in G.S. interact. This post explores the interplay between G.S. 15A-534.1.

Compare the Statutes

The list is longer than the list of qualifying relationships in the pre-trial release statute (referred to here as the 48 hour statute or G.S. The list of relationships for the new misdemeanor crime of domestic violence (referred to in this blog as a violation or the new DV offense, G.S. 15A-534.1). The 48-hour law does not necessarily apply to a person who is charged with a new DV offense ….

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