What you need to know about Communicating Threats in North Carolina
Threatening to harm or kill a spouse, child, or other family member is a criminal offense in North Carolina. 
It doesn’t matter if the threats are made in person, online, or through text messages- communications that threaten bodily harm (physical harm to another person) may be deemed criminal and result in criminal charges.
If you are being threatened by someone close to you, it is important to know your rights and take action to protect yourself and your loved ones.
In this blog post, we will discuss what constitutes communicating a threat in North Carolina, the implications of Domestic Violence in Family Court, and the legal consequences that can come with it.
What is Communicating Threats in North Carolina?
Communicating threats includes things such as:
- Threats to Kill or Physically Injure another person
- Threats to injure (physically) someone’s spouse, the person’s child, parent, or sibling
- Threats to cause physical injury to dependents
The threat may be made indirectly or directly.
This means that making a threat through text messages, social media posts, phone calls, or in-person threats all constitute communicating threats.
North Carolina Communicating Threats Law
It is important to note that the communication to physically injure someone does not have to be directed at a specific person for it to be considered a crime.
For example, if you post on social media that you are going to kill your ex-spouse, that could be considered communicating a threat- even if your ex-spouse is not specifically named in the post. 
On the other hand, exaggerated, hyperbolic statements like, “Oh, he makes me so mad I could kill him” may not necessarily constitute communicating threats.
The law requires a reasonable person would fear for their physical safety, and the person threatened believes the threat.
What does “Reasonable Person” mean?
The reasonable person standard is an objective test applied in court to determine whether the defendant’s actions would have caused a reasonable person in the victim’s shoes to fear for their safety.
It is important to note that the reasonable person does not need to actually be scared, but a reasonable person threatened believes that they were in danger of a threat of physical harm.
What is considered Domestic Violence? 
Domestic Violence is a pattern of coercive, controlling behavior that is used by an intimate partner to gain or maintain power and control over the other intimate partner.
The use of physical violence, sexual violence, emotional abuse, economic abuse, and/or threats of violence may be used in Domestic Violence cases.
Communicating Threats is often one form of abuse that is used in Domestic Violence cases.
If you are a victim of domestic violence, it is important to know that there are resources available to help you.
The National Domestic Violence Hotline provides 24-hour support for victims of domestic violence.
You can also contact your local domestic violence shelter for assistance.
If you are in immediate danger, please call 911.
Finally, if you are a victim of someone communicating threats and/or domestic violence, please call the attorneys at Powers Law Firm PA.
We may be able to provide legal assistance or point you in the right direction in the event circumstances preclude representation.
With communicating threats matters, we believe establishing an attorney-client relationship with a lawyer well versed in criminal law and well as domestic law is a good idea.
Contact us now at: 704-342-HELP
What are the Consequences of Communicating Threats? 
Communicating threats is a Class 1 misdemeanor offense in North Carolina.
This means that someone convicted of this crime could face up to 120 days in jail (incarceration).
Communicating threats charges may also carry legal consequences, including the issuance of a domestic violence protective order, and can affect child custody and visitation.
Why hiring a Divorce Lawyer is So Important
Communicating Threats is ordinarily a misdemeanor criminal charge. There are instances when other related criminal charges may be brought in coordination with allegations of Communicating Threats.
For example, in the Domestic Violence context, Communicating Threats may be one of many related criminal charges such as Simple Assault, Assault on a Female, Injury to Personal Property, Assault Inflicting Serious Bodily Injury, and Felony Strangulation in North Carolina.
What if the Threat is Made Against a Child?
When a threat is made against a child, this may also be considered child abuse under North Carolina law.
Child Abuse is generally defined as:
Physical injury, sexual exploitation, sexual abuse, or grossly negligent treatment of a child who is younger than 18 years old. It can include parents, foster parents, custodians, and guardians.
If you have been threatened by someone and you are concerned for your safety or your child’s safety, it is important to contact law enforcement.
An experienced domestic violence attorney may be able to assist you in getting a protective order to help keep you and your family safe from further harm.
The Family Courts in Charlotte and throughout North Carolina take Communicating Threats and other instances of DV seriously.
We recommend victims seek legal representation without delay.
Can a Family Law Attorney help?
Again, if you are a victim of domestic violence, we think it is important to seek legal assistance as soon as possible.
An experienced Family Law attorney can help you understand the criminal justice system and can assist you in navigating the consequences in Family Court.
Civil Contempt of Court – Support, Custody, and Family Law Issues in NC
A Family Law attorney may recommend and further assist you get a protective order (DVPO) to help keep you and your family safe from further harm.
In North Carolina, that is often referred to as a Domestic Violence Protective Order or “DVPO.” Attorneys may also refer to it as a “50B Order.”
An experienced Family Law attorney can help you understand the criminal justice system and can assist you in navigating the consequences in Family Court.
Domestic Violence can impact Child Custody and Visitation when one parent willfully threatens another parent in the presence of the child may have long-lasting consequences to the child.
Felony Assault Inflicting Serious Bodily Injury 
As you might imagine, Felony Assaults in North Carolina carry substantial consequences both in criminal court and Family Court.
An assault that results in serious bodily injury is a Class F Felony in North Carolina.
Serious bodily injury may include bodily harm that:
- Creates a risk, a substantial risk, of death
- That causes a coma, disfigurement, or another permanent injury
- That causes a protracted condition that results in extreme pain
- Protracted or permanent impairment or loss of function of any bodily organ or member
- Results in hospitalization that is prolonged
Divorce Lawyers in Charlotte – Powers Law Firm PA
Communicating Threats is an all too common aspect of family law cases in Mecklenburg County.
If you are a victim of domestic violence, it is important to seek legal assistance as soon as possible both for yourself and your children.
The attorneys at Powers Law Firm PA are experienced in handling these types of cases and can help you understand the criminal justice system and navigate the consequences in Family Court.
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What You Need to Know About Domestic Violence Protective Orders
In North Carolina, a domestic violence protective order (DPVO) is a civil relief that is filed in district court. It permits the court to order an alleged abuser to do or refrain from doing certain acts as it relates to the plaintiff. Obtaining a DPVO requires the plaintiff to show that domestic abuse is being committed. In addition, the plaintiff must show a present or past personal relationship between themselves and the alleged abuser (among other requirements). The process for obtaining a DVPO has been streamlined for average citizens to take advantage of it to protect themselves.
How to Obtain a DVPO
A plaintiff must go to their district court to file DVPO forms. If the plaintiff requires filing outside of business hours, they may go to a magistrate. If the plaintiff requires an emergency filing, then the DVPO may advance as an ex parte filing. The ex parte filing will apply for a temporary order, and will not require the presence of the alleged abuser when the temporary order is issued. The DVPO also provides for temporary custody by the plaintiff if there are children involved. In addition, the alleged abuser must surrender all firearms. There are no fees associated with filing a DVPO in North Carolina. After filing for the DVPO, the plaintiff must take the forms to the sheriff’s department. In turn, the sheriff’s department will serve the defendant with the complaint and a summons to appear in court. Thereafter, a hearing is scheduled on the merits of the case where the plaintiff must show evidence that the alleged abusive acts were actually committed.
DVPO Requirements
To obtain a DVPO, the plaintiff must show domestic violence from an individual with whom the plaintiff has a personal relationship. In North Carolina, domestic violence is defined as attempts to cause bodily injury; intentionally causing injury; imminent fear of serious bodily injury; continued harassment that causes emotional distress, etc. These actions include those that are inflicted on a minor. In addition, teenagers who are under the age of 18 may have their parents or guardian file the DVPO on their behalf. The personal relationship requirement is widely construed to include spousal, familial, roommate and dating relationships.
The Effect of a Standing DPVO
The effect of a standing DVPO is wide-reaching. A judge can order the defendant to do certain acts and/or refrain from doing certain acts, including:
- Order the defendant to refrain from assaults, threats and harassment
- Require that law enforcement remove the defendant from a shared home
- Order the defendant to stay away from the plaintiff’s home, school or place of work
- Order the defendant to make support payments
- Order the defendant to forfeit any firearms or other weapons
- Any such order as the judge may see fit for the situation
North Carolina Domestic Violence Lawyers
Domestic violence is a serious matter. To be sure, these matters are some of the most volatile legal issues in the realm of family law. The attorneys at Powers Landreth PLLC have years of experience dealing with North Carolina domestic violence laws and DVPO issues. We know that keeping you and your family protected is top priority. As such, it is imperative to seek the assistance of an experienced DVPO attorney.
Resources:
nccourts.org/forms/Documents/696.pdf
ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_50b.html
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