What is the 48 Hour Hold?

There is a great deal of misconceptions concerning this portion of the Domestic Violence Laws.  NC General Statutes state that the only person who can set a bond in a domestic violence case is a judge.  It also says that if a judge is available, then a bond must be set.  If a judge is not available, then the defendant will be held for 48 hours following arrest.  Once that time expires, the Magistrate is authorized by law to set bond.  In Caldwell County, there is usually some form of court going on every day, Monday through Friday.  In that case, if a person is arrested while court is going on, the defendant will be taken before a judge for the purpose of a bond hearing.  If a judge is not available and the defendant cannot contact one, then he/she will be held until the next time a judge is available which is usually the next morning or until the 48-hour period expires, whichever comes first.

Show All Answers

1. What is domestic violence?
2. How do I get help?
3. Are there resources available to me?
4. How do I get a Protective (Restraining) Order?
5. How much does a Protective Order Cost?
6. What do I do if someone violates my order?
7. How do I get a warrant if my abuser hits me?
8. How do I get notified if my abuser is getting out of jail?
9. What is the 48 Hour Hold?