North Carolina General Statute 15A-534.1 states that only a judge, not a magistrate judge, may set bond in a domestic violence case within the first 48 hours after arrest.
The statute applies to domestic violence charges with the definition of a “spouse or former spouse or a person with whom the defendant lives or has lived as if married.”
Previously, same-sex couples were not covered. However, now a same-sex couple married in North Carolina or elsewhere are “spouse[s],” or if subsequently divorced, “former spouse[s].” Same-sex couples who are cohabiting are living together as if married.
It appears as if the definition will now cover same-sex couples.
The attorneys at Garrett, Walker and Aycoth, practicing both family law and domestic violence defense, will keep a close watch on both the legislature and appellate courts to see if the definition legally changes. Our Greensboro law firm handles so many different legal situations. Whether it’s a family law issue and you need to confer with our Greensboro divorce lawyer, a car accident case and you need to speak with our Greensboro personal injury lawyer. Our Greensboro attorney is here for you.
- Former President, Greensboro Criminal Defense Lawyers Association
- Elected member, Criminal Justice Section, North Carolina Bar Association
- Selected to present the Wade M. Smith Award for Top Criminal Defense Lawyer in North Carolina
Talk to a Greensboro criminal defense lawyer today
Bring the warrant, the release order and anything else they gave you.
Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539
This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.