Charlotte Criminal Lawyer Blog
Domestic Violence in North Carolina – FAQ
What is Domestic Violence?
Domestic violence includes a violent crime against a person with whom you have a personal relationship. According to North Carolina law, this includes a spouse or former spouse, romantic partner or former romantic partner, a person with whom you share a child, a family member, or a roommate. Family members generally include parents and siblings, but may include other family members, particularly if you live with them.
Is Domestic Violence a Misdemeanor or Felony?
Domestic violence charges in North Carolina may be either a misdemeanor or a felony. Domestic violence becomes a felony under some circumstances. Assault in which life-threatening injuries were sustained is a Class F felony. Assault with a deadly weapon with the intent to kill is a Class C felony. Assault by strangulation is a Class F felony. First-degree forceable rape or other sexual offense is a Class B 1 felony. Second-degree forceable rape or sexual offense in which the victim is drugged is a Class C felony.
What Are the Common Types of Domestic Violence?
Domestic violence is a term that encompasses a variety of crimes when committed against a family member or partner. Domestic violence includes physical, psychological, and sexual violent acts. The most common physical act of domestic violence is assault. It may also include assault with a deadly weapon. Psychological abuse occurs when someone threatens harm to another. Sexual assault may include rape or other sexual acts. Rape is a crime that occurs when the victim does not consent to sexual intercourse.
Can A Victim Withdraw Domestic Violence Charges?
Generally, domestic violence charges are handled through law enforcement and through the courts. While a victim may want to withdraw charges later, it is likely not possible to do so. A person who has been the victim of domestic violence may decide they don’t want to participate in the process; however, the charges will not go away, and the legal process will proceed. Since the state files charges, they will continue with the case.
What is a Protective Order?
A victim of domestic abuse may seek a protective order. A domestic violence order of protection is a court order that requires the perpetrator to cease the abusive activity and stay away from the victim. A victim may file for an emergency protective order. A permanent order will be put in place only after a hearing in which both parties are allowed to present their evidence. An experienced attorney will help guide you through the legal process.
What Should I Do If I Am Unjustly Accused of Domestic Violence?
As with any criminal charge, a person is presumed innocent until proven guilty in a court of law. There are situations in which someone wrongfully accuses a family member or partner of domestic abuse. It is essential to seek help from an attorney immediately in order to best resolve the situation. The state will present evidence, and you will have the opportunity to rebut it or present your own evidence to maintain your innocence.
If you are a victim of domestic abuse you should get help immediately. Leave the home so you can secure your safety and the safety of your children. To learn more about domestic violence, contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.nccourts.gov/help-topics/domestic-violence
https://www.nccourts.gov/help-topics/domestic-violence/how-to-get-a-protection-order
Image Credit:
https://www.freeimages.com/photo/courtroom-1-1236725
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Defenses to Criminal Domestic Violence Charges