Q: I was charged with domestic violence and the DA is calling it “habitual domestic violence.” What is that?
A: North Carolina’s 2025 Public Safety Act created a new felony crime of “habitual domestic violence.” If you have repeated prior convictions for domestic violence offenses, this new charge applies and carries a more severe penalty than your most recent violation.
How It Works
The habitual domestic violence charge elevates what might otherwise be a misdemeanor into a felony based on your prior conviction history. The statute is designed to impose escalating penalties on defendants with a pattern of domestic violence convictions.
What Convictions Count
Prior domestic violence convictions from North Carolina, other states, and federal courts can all be used to establish the habitual offender status. The specifics of which prior convictions qualify will depend on how the courts interpret the new statute.
Collateral Consequences
A domestic violence conviction, whether misdemeanor or felony, triggers a federal firearms prohibition under 18 U.S.C. § 922(g)(9). The 2025 law also changed how firearms are handled in domestic violence protective order cases, including new procedures for returning surrendered firearms.
Defense Approach
Defending against a habitual domestic violence charge requires examining each prior conviction for validity, challenging the facts of the current allegation, and exploring whether alternative resolutions are available. In some cases, prior convictions may be subject to challenge on constitutional grounds.
Related Practice Areas
North Carolina Criminal Defense | The Chetson Firm
This post is for informational purposes only and does not constitute legal advice. Contact The Chetson Firm at (919) 352-9411.