Child Witnesses to Domestic Violence - North Carolina

Circumstances That Constitute Witnessing

Citation: Gen. Stat. § 14-33(d)

In criminal law: The term 'in the presence of a minor' means that the minor was in a position to see or hear the assault.

A minor is any person younger than age 18 who is residing with or is under the care and supervision of, and who has a personal relationship with, the person assaulted or the person committing the assault.

Consequences

Citation: Gen. Stat. § 14-33(d)

Any person who, in the course of an assault, assault and battery, or affray, inflicts serious injury upon another person or uses a deadly weapon on a person with whom the person has a personal relationship, and does so in the presence of a minor, is guilty of a class A1 misdemeanor. Upon conviction, the person shall be subject to the following:

• Placed on supervised probation in addition to any other punishment imposed by the court
• Sentenced to an active punishment of no less than 30 days in addition to any other punishment imposed by the court for a second or subsequent violation