Domestic Violence

Domestic violence charges are taken very seriously in North Carolina. The North Carolina courts are very vigilant when it comes to protecting victims of domestic violence or alleged acts of domestic violence.

If you are being charged with a domestic violence offense you may already feel convicted, but you are innocent until proven guilty. It is difficult to hold your head high when you feel as if the world is against you. Court can be intimidating and you need someone with skills and experience ensuring that your rights are protected at every stage of the process.

Cases like these are particularly difficult. Emotions run high when the alleged victim and defendant have or had a personal relationship. We are there to handle the legal aspect, and protect your rights in court.

When no one else is sympathetic, we are there for you. We want to put your mind at ease knowing you have entrusted your case to an experienced criminal defense lawyer attorney who is only concerned with getting you the best possible outcome in court.

What is Domestic Violence Under North Carolina Law?

There are two distinctions in North Carolina domestic violence law. One is the relationship between the parties and the other is what exactly happened: the who and the what of domestic violence.

Who Qualifies as a Domestic Relationship?

“Domestic” relationships are not only marriages. A domestic violence charge can come between people related in many different ways. The following are examples of domestic relationships:

  • Current or former spouses
  • Roommates of the opposite sex
  • People who have a child in common
  • Current or former roommates
  • People who are dating or who have dated.

What Incidents Can Be Charged As Domestic Violence?

The events that take place between people in any of these relationships that can be considered domestic violence are:

  • Attempting to or causing bodily injury
  • Placing the alleged victim or their family in fear of bodily injury or harassment leading to emotional distress
  • Any sexually related assaults

Ref: NCGS 50B-1

Once someone is accused of domestic violence the court will most likely order an emergency protective order keeping the defendant (you) away from the alleged victim. Even if you maintain your innocence, it is vital you abide by the terms of the court order or risk further criminal charges.

When you are formally charged with domestic violence, chances are your charge will be an assault charge. Although you will face regular assault charges, there are additional sanctions applied when your assault is domestic in nature.

Protective Orders

A conviction will lead to a longer term protection order. The domestic violence protective order does more than keep you away from the alleged victim, it can also:

  • Grant possession of a residence
  • Grant temporary custody
  • Restrain your proximity to certain locations
  • Order you to cease certain actions
  • Provide for possession of personal properties
  • Order spousal or child support payments
  • Award attorney’s fees

These protective orders are good for one year at which time they can be extended further.

Ref: NCGS 50B-3

Other Effects of a Domestic Violence Charge?

You will also be required to surrender any firearms in your possession if the court believes you pose a risk to yourself or the victim in the case.

Domestic Violence Penalties

Assault charges can get you anywhere from 30 days in jail to several years in prison depending on the outcome of the event. If you have a fairly clean criminal record an experienced attorney can increase your chances of serving probation rather than prison time.

If you are wrongly accused of the offenses you are charged with, we will fight tirelessly for you, represent you and defend you against any wrongful accusations. Call for a consultation on your North Carolina domestic violence case today. We’ll let you know what you are facing and exactly what we can do to help.

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