First, G.S. 15A-401. In North Carolina, you may arrest anyone with an arrest warrant or order for arrest issued by a neutral and detached judicial official. You may also arrest anyone, where no warrant has been issued, if the person commits the crime in your presence or you have probable cause to believe they have committed a felony outside your presence. But, it is not now, nor has it ever been, the law that you had to always arrest someone you had probable cause to believe had committed a misdemeanor outside of your presence - having the authority to arrest does not make arrest mandatory. We know that this is a very narrow and specific point, but it is essential to your understanding your right to make warrantless arrests in domestic violence situations.
Some problems arise here.
First, we are certain that this provision does NOT apply to same sex situations. Next, at one time this statute covered misdemeanor assault inflicting serious injury, misdemeanor assault with a deadly weapon, and assault on a female by a male person at least 18 years of age. We are, nonetheless, convinced that you may continue to arrest for these crimes in a domestic violence situation without a determination that the suspect is a danger or will avoid prosecution if not immediately arrested. Also, please note that Bob Farb at the Institute of Government has informed us that the General Assembly will correct this oversight in the 1997 session. For your own satisfaction, and to understand the policy of such arrests in your jurisdiction, please contact your District Attorney's office or legal advisor for advice on these issues.