Things You Should Know & Where You Should Go

There are quite a few things to do when you decide to press charges. First, you need to know your state’s statute of limitations for reporting domestic abuse. North Carolina’s statute is 2 years from the date of the last offense. Others may have a longer timeframe. Once you’ve determined you’re within that timeframe, you’ll take your first steps to get the process rolling.

I’ve compiled a comprehensive list to walk you through the process and help you understand the legal system and how to maneuver through it during this scary and stressful time.

 1)  Create a folder in cloud-based drive to compile specific information to be used in your case against the defendant. I chose Google Drive so the information was organized and readily available should I need to share a link. Here are some helpful items that should be saved (if available):

a) A list of all the abusive things that were said or done that you can remember. This will come in handy when it’s time to give an account to the magistrate, which you’ll see in step 2.

b) Screenshots of text messages confirming the abuse.

c)  Photos, videos, and/or voice messages/memos confirming the abuse.

 d) Any incident reports or charges from authorities insinuating or confirming abuse.

 e) Any medical reports for injuries sustained from the abuse (ER, Urgent Care, Primary Care, long-term hospitalization, etc.) 

2) First, I recommend filing a DVPO (Domestic Violence Protection Order). You can file this in multiple counties, or simply the county in which you reside. A DVPO will generate a no-contact order legally requiring the defendant not to harass, call, text, email, and visit your residence or place of business. If you live in North Carolina, you can find all the pertinent paperwork on our Resources page. NOTE: If you are not seeking temporary custody of children through this process, you will not need form AOC-CV-609.

3) Once you’ve filed the DVPO, you will file criminal domestic abuse charges with the magistrate. They will have you fill out a paper with your information (name, birthdate, address, etc.). This will be confidential and kept safe by the court so the defendant will not have access to your personal information, including your current residence. It will also ask for the defendant’s information, which will include their current phone number, address, birthdate, and any remarkable features to identify the defendant. The more information you have, the better.

Be prepared for a bit of – what feels like – pushback. They must ensure that the statements given appear to be correct and truthful. False allegations are not only illegal, but they tie up the court’s time with information that’s invalid and harmful to the accused. The defendant will also have the right to countersue for libel or slander if you file a false report or falsify charges.

The next section you’ll fill out will be the details of the abuse. Be as detailed as possible. Unfortunately, there are usually only a few short lines to write this information, so include the most harmful and graphic information possible. They will then have you sign under risk of perjury that you’re attesting these actions took place and that you’ve given accurate information to the best of your knowledge and ability.

Once the summons has been completed – the magistrate has signed off and passed it onto the court – the magistrate will assign a “temporary” court date. This date will remain intact ONLY if the defendant is served the summons prior to that date. That date could change if the summons has not been served and falls within a certain timeframe prior to the court date. Be sure to keep track of all relevant details related to your case.

It is important to note that you MUST show up for the court hearing or the judge is likely to drop all the charges filed against the defendant.

4)  Once you’ve signed the paperwork, you may be given a sheet with instructions on how to track your case information. The summons to be served to the defendant will be linked to the case in the court system. Many states/counties offer online services, but some information is not accurate on the county’s website, so you may have to do some digging. If online services are available, and the website is not arranged in the way the instructions were laid out, you should be able to use a “search” function to track the date.

If the summons is being served in a different county than the one in which the defendant resides, the police department where the defendant resides will be the department to serve the summons. Other cities/counties do not have jurisdiction to serve summons or arrests to residents outside their county.

For example: If you filed charges in Charlotte (Mecklenburg County), but the defendant lives in Mooresville (Iredell County), the Mooresville police department will be the ones to serve the summons, even though the case will be heard/tried in Mecklenburg County.

I recommend following up with that department within a week to see if the summons has been served. Quite often the interdepartmental communication is lacking, and the summons will sit in limbo as the serving county/department may not have that the summons as a priority to be served.

It's worth noting, a summons is not a warrant for arrest. The defendant will likely only be served the summons notifying them of their charges and a date to appear in court. It is unlikely that they will be arrested, fingerprinted, or have mugshots taken, especially if this is their first offense/charge.

5)  Once you find the court date and initial summons, contact the District Attorney’s office in the county where the hearing will take place, even if it the defendant has not yet been served. You will likely be referred to the ADA and a liaison for future communications. Be sure to write down the case number and as much information as you can find within the summons. For a list of North Carolina district attorney’s, visit our Resources page and select the county in which the hearing will be held.

When you speak with them be as detailed as possible about your experience and situation so they can best assist you. They may have you send a link to the files or drive in which you’ve stored your documents and evidence so they can begin to build a case against the defendant. The ADA is paid by the government to represent you and your case at no cost to you. The defendant, on the other hand, will have to pay for their own defense team.

Also inquire about a “victim’s room” for the day of the trial. You may be allowed to simply sit in the room during the trial without having to face the defendant BUT be prepared to face them.

Once they feel they have enough pertinent information for the case, they may request an address to mail you a packet of information regarding the trial and/or other information that may be needed on their end to hold the case up. This will usually include a VIS (Victim Impact Statement) which has your recount your experiences and include contact information and any other requested information necessary for the case.

6) Once the summons has been served, you should be able to see some important information on your case sheet.

a)  You will see the court date, the time of the hearing, and the courtroom in which the hearing will be held. If the summons was served prior to the court date, the original or ‘tentative’ court date should remain intact.

b)  You will also see the date in which the summons was served with the words “summons returned” or something to that effect. That simply says they served the summons and have logged it into the court system that the defendant is aware of the summons and has been give their court date.

c)  And lastly, you’ll see if the defendant has retained counsel for their defense. Next to their name on the document, you’ll see a name of a lawyer and the word “retained”. You can Google that attorney and get information on them if you’d like (I did) and know who your abuser has hired to fight.

7)  Once the ADA coordinates with defense counsel, many things could transpire.

a)  They might offer a plea deal where the defendant could get a lesser jail time.

b)  They might offer a plea deal where the defendant is allowed to leave ROR (Released on their own Recognizance) and given “time served”, especially if it’s the first offense. If this happens, this will likely be contingent upon an additional no-contact order, so the defendant is still unable to contact or harass you.

c)  The defendant and their counsel may decide to fight the charges, and the case will go to trial. In this situation, the case could be continued, assigning a subsequent court date. The case could draw out over months if the defendant has the means to continue the fight. But rest assured, the ADA has your best interest at heart, and they are going to represent you until the very end.

d) The judge may determine quickly, based on evidence, that the charges are valid and assign a verdict at that time.

e) If a verdict is reached, the judge may or may not assign a sentence. If they choose not to assign a sentence, they will set another court date for sentencing.

If a deal is not made, then you will be required to appear for the court date. It is recommended that you arrive early to find the courtroom or the victim’s room (if available). You will likely need additional time to breathe and prepare. Invite any family and friends that are willing to support, especially those willing to testify on your behalf.

You will likely spend the first few hours of the morning waiting around to see what the defense has decided with their client, and they will then have to refer that to the ADA and make a decision. This can lead to a continuance to retrieve more information to build the case, or offer additional time for the ADA to explain all the options available for your case. If the case goes to trial, they will likely do their best to get a court date as soon as possible, and they might call on any witnesses either side has. Every judge is different and may not offer or allow witness testimony, and it may not be necessary if you have enough physical evidence to support your case. 

Don’t hesitate to reach out regularly to the ADA if you have questions or concerns. It’s their job to provide updates upon request to help you throughout your case. There are many resources throughout the country to assist during this time. North Carolina has quite a few, but some are restricted to help in certain counties. If your case is in Mecklenburg, Gaston, Lincoln, or Union County NC, Safe Alliance is a great resource. 

You can also contact your local legal aid department.

You can find these documents and companies within our Resources section.