Domestic Violence

Criminal Domestic Violence

If you have been in a relationship with someone or lived with someone, and get charged with a crime, it will be handled in a specialized “Domestic Violence” court. This courtroom has different rules and there are significant consequences for someone who is charged and convicted of a crime of domestic violence. Our firm aggressively defend people who have been charged with DV crimes, including things like Assault on a Female, Simple Assault, Assault Inflicting Serious Injury, Domestic Violence Protective Order Violation, Assault with a Deadly Weapon, Domestic Criminal Trespass, Communicating Threats, Interference with Emergency Communication, Child Abuse, Harassing Phone Calls, Cyberstalking, Stalking, and more.

Many prosecutor’s offices operate on a “no drop” policy, which means that just because the alleged victim doesn’t want to proceed with the charges, the case won’t be dismissed. Many counties in North Carolina instead take an “evidence-based” approach to DV prosecution, and will seek to prosecute individuals with or without the cooperation of the alleged victim. First time offenders may qualify for a deferred prosecution agreement which usually includes completion of a state-approved Batterer’s Treatment Program/Abuser Treatment Program, and commonly includes terms like no contact with the alleged victim or no threatening, assaulting, or harassing the alleged victim. Individuals who have prior DV charge on their record will be treated more harshly, and it is imperative that your lawyer accurately assess the case for triable issues to avoid negative consequences of a conviction.

Civil Domestic Violence Protective Orders (50B/50C)

If you have been in a relationship or lived with someone, and they seek to take out a protective order against you, you need a lawyer to defend your rights in court. In North Carolina, people can seek to get a restraining order from the court where you are not allowed to have contact with that person, for a period of up to three years. If someone is so afraid of the threat of violence against them, and want a court order to take effect immediately, they may seek an ex parte order from the court, which means that you cannot talk to them immediately after a judge signs the order into effect (and you will not yet know about this order because you have not been served with a copy of the civil summons to court). Once the petition for protection order has been submitted to the court, there is a requirement to have a court date within 10 days of filing. The sheriff will then seek to serve the civil defendant with a copy of the complaint and you will receive a summons, directing you to come to court on a certain date and time. If you fail to appear after you have been served, the judge will automatically enter the protection order against you!

You should contact a lawyer and discuss possible defenses to the allegations, and determine if you want to consent to a no-contact order, or if you want to fight it. An experienced lawyer is critical in protecting your rights at these civil hearings, which can also carry potential ramifications in criminal court if you are also charged with a crime. Further, if you violate a 50B DV protective order, you could be subject to criminal charges. For individuals who have never been in a domestic relationship, there may be an option to seek a no-contact order against someone who has allegedly harassed or threatened another, in the form of a 50C protective order. 50C orders are different than 50B and have different ramifications for violation of that court order, which can include a motion to show cause and being brought back to court for contempt for allegedly violating the court’s order.

Related Articles

Simple Assault Charges

Simple Assault Charge in Raleigh, NC

Beware of Self-Checkouts!

Beware of self-checkouts at big box stores!

How to Get a DVPO in Raleigh

How can one get a DVPO in Wake County?

What is the Difference Between Simple Assault and Assault on a Female?

What’s the difference between assault and assault on a female in NC?

Contact us today for your free consultation!