FAQs on Domestic Violence

In North Carolina, the criminal offense of domestic violence is defined by a specific statute that outlines both the actions and the relationships involved in such cases. This law, found in North Carolina General Statute § 14-32.5, provides a framework for understanding what behaviors and circumstances can lead to criminal charges of domestic violence.

According to the NC criminal law, domestic violence can occur when an individual uses physical force against another person or attempts to do so. This definition encompasses a wide range of physical actions, from pushing or slapping to more severe forms of assault. It's worth noting that the law doesn't require actual physical contact to have occurred; even unsuccessful attempts to use physical force can fall under this definition. Additionally, the statute includes threats involving deadly weapons as a form of domestic violence. This means that brandishing a weapon or threatening to use force or violence against someone could be considered domestic violence, even if no physical contact takes place.

Actions alone do not determine whether an offense is classified as domestic violence. The relationship between the offender and the alleged victim may play a key role. The criminal DV law in North Carolina specifies several types of relationships that fall under the purview of the domestic violence statute. First and foremost, it includes current and former spouses. This means that even if a couple is divorced, violence between them could still be considered domestic violence. The statute also covers individuals who have a child in common, regardless of whether the parents were ever married or lived together. This provision recognizes that co-parenting relationships can sometimes be sources of conflict and violence.

The law further extends to people who are currently cohabitating or have cohabitated in the past. While that living arrangement may resemble that of spouses, parents, or guardians, the law is expansively written to also include a wide range of different types of living arrangements. Additionally, the statute includes individuals who are in positions similar to those of spouses, parents, or guardians of the victim. This category might include, for example, long-term partners who don't live together or individuals who act as caregivers for adults or children.

Notably, the law also encompasses current and recent dating relationships. This inclusion recognizes that domestic violence isn't limited to married couples or those living together but can occur in dating scenarios as well. The inclusion of former dating relationships acknowledges that the end of a romantic relationship doesn't always mean the end of the risk of violence.

It's important to understand that in North Carolina, domestic violence is treated as a serious criminal offense. The law classifies it as a Class A1 misdemeanor, which is the most serious type of criminal misdemeanor that carries up to 150 days in jail. This classification reflects the gravity with which the state views these offenses and can result in significant legal consequences for those convicted.

Other criminal charges related to allegations of domestic violence may include things like Assault on a Female, assault and battery, felonious restraint, and interfering with emergency (911) communications.

The specific definition of domestic violence provided by the criminal statute serves several important purposes in the legal system. It guides law enforcement officers in determining when to make arrests in domestic situations. It provides prosecutors with a framework for deciding when to prosecute charges of domestic violence. And it gives judges and juries a standard against which to evaluate cases that come before the courts.

In addition to the criminal statute, North Carolina law also provides for civil remedies in cases of domestic violence through Domestic Violence Protective Orders (DVPOs), also known as 50B orders. These civil orders, governed by Chapter 50B of the North Carolina General Statutes, offer a separate, additional avenue for protection that doesn't require criminal charges or conviction.

Under Chapter 50B, the definition of domestic violence is generally broader than in the criminal statute. It includes attempting to cause or intentionally causing bodily injury, placing a person or their family member in fear of imminent serious bodily injury, continued harassment rising to such a level as to inflict substantial emotional distress, and any act defined in G.S. 14-27.21 through G.S. 14-27.33.

DVPOs can provide various forms of relief, including ordering the defendant to refrain from threatening or abusing the victim, requiring the alleged abuser to leave a shared home, granting temporary custody of minor children, and prohibiting the person accused of wrongdoing from possessing firearms. Unlike criminal charges, which are prosecuted by the state, a DVPO can be sought directly by the person seeking protection.

It's important to note that while criminal charges and DVPOs often arise from the same incidents, they are technically separate legal processes with different standards of proof and potential outcomes. Understanding both the criminal and civil aspects of domestic violence law in North Carolina is essential for anyone involved in or concerned about allegations of domestic violence.

Anyone who may find themselves involved in allegations that might fall under the law – whether as someone accused of domestic violence or as someone seeking protection – understanding the law can be essential. The specific circumstances of each case, including the exact nature of the relationship and the details of the alleged actions, can significantly influence how the law is applied.

If you're dealing with a situation that might involve domestic violence, we think seeking legal guidance can be extremely helpful. An experienced attorney can provide insight into how the law might apply to your specific circumstances and what options may be available to you. In the greater Charlotte area, including Mecklenburg, Union, Iredell, and Lincoln Counties, Powers Law Firm PA is available at 704-342-4357 for consultation.

Remember, while the law in North Carolina provides a clear definition of criminal domestic violence, it operates within a broader legal context that includes both criminal charges and civil laws related to domestic violence and family law. Understanding how these various legal elements interact can be complex, which is why professional legal advice can be so valuable in these situations.

When facing accusations of domestic violence, one of the most pressing questions is whether to speak with law enforcement. This decision can have significant implications for your case, and it's important to approach it with careful consideration. While it may seem counterintuitive, especially if you believe you're innocent, speaking to law enforcement without legal representation present is generally not advisable. Indeed, we think the wiser choice is to Lawyer Up.

Law enforcement officers are trained to gather evidence and information that can be used in legal proceedings. Their primary goal is often to collect facts that may support the accusations against the accused. It's essential to understand that things you say to the police often can be used as evidence in court. Even if you believe your statements will clear up a misunderstanding, there's a risk that your words could be misinterpreted or taken out of context.

It's a common misconception that refusing to speak with the police will make you appear guilty. However, in the United States, you have the constitutional right to remain silent, and exercising this right cannot be used as evidence of guilt in court. This right is fundamental to our legal system and exists to protect individuals from self-incrimination. That’s what lawyers mean by Taking the Fifth. It’s your Fifth Amendment right to remain silent.

When law enforcement attempts to question you about domestic violence allegations, it's within your rights to politely inform them that you wish to speak with an attorney before making any statements. This approach allows you to consult with a legal professional who can advise you on the best course of action based on the specific details of your situation. The fact you exercised your right to remain silent and your right to legal counsel also cannot be used against you.

An attorney with experience handling both criminal charges and allegations of domestic violence, which may ultimately result in a civil filing, can help by providing guidance on how to interact with law enforcement in a way that protects your rights and interests. Lawyers want to make sure you understand the nature of the accusations against you, explain the potential consequences, and develop a strategy for your defense.

It's worth noting that domestic violence cases can be complex, often involving heightened emotions and conflicting accounts of events. Law enforcement officers are human and may have their own biases or preconceptions when responding to these situations. By refraining from making immediate statements, you give yourself time to process the situation and seek proper legal advice.

Remember, the decision to speak with law enforcement is yours to make. However, given the potential impact on your case and your future, it's generally in your best interest to consult with an experienced attorney before engaging in any substantive conversations with the police about domestic violence accusations.

If you find yourself in this situation, consider reaching out to a law firm experienced in handling domestic violence cases. We can provide you with tailored advice based on the specific circumstances of your case and help you navigate the legal process.

When facing domestic violence charges, we firmly believe consulting with a criminal defense attorney is a good idea. Legal professionals can help you navigate the legal system and work towards developing a strategy tailored to the individual aspects of your case.

One of the primary ways a criminal defense attorney can assist is by providing a clear explanation of the charges against you and their potential consequences, including the worst-case and best-case scenarios. The domestic violence laws in North Carolina can be intricate, and the penalties can vary widely depending on the specific allegations and your prior record, if any. An attorney can help you understand exactly what you're facing, which is an important aspect of making informed decisions about your case and your best interests.

Criminal defense lawyers review of the evidence against you, including police reports, witness statements, and any physical evidence. We may also conduct our own investigation, searching for evidence that supports your side of the story or that challenges the prosecution's narrative.

When it comes to domestic violence cases, there are often two parallel legal processes to navigate: criminal charges and civil protective orders “50B - DVPO proceedings.” We regularly can represent clients in court for both criminal proceedings and hearings related to domestic violence protective orders in Mecklenburg, Union County NC, and Iredell County and the greater Charlotte region.

Your defense attorney serves as your advocate in dealings with law enforcement and prosecutors. We can handle communications and negotiations on your behalf. In some cases, we can negotiate with prosecutors for reduced charges or alternative resolutions, such as deferred prosecution or dismissal of charges in exchange for completing certain programs. Obviously, each case and fact pattern is unique. Consult with legal counsel to discuss the specifics of your legal matter and whether you may qualify for any such program(s).

If your case goes to trial, a criminal defense attorney's role becomes even more critical. We prepare and present your defense, cross-examine witnesses, challenge the prosecution's evidence, and argue on your behalf before the judge or jury. In the courtroom, experience and trial skills count. We advocate for your best interests throughout the trial process.

Beyond the immediate legal proceedings, a defense attorney can also advise you on the potential long-term consequences of a domestic violence conviction. These may include child custody arrangements, housing options, employment opportunities, and gun ownership rights. Understanding these potential outcomes can help you make more informed decisions about plea bargains or the decision to go to trial.

It's important to note that domestic violence cases often involve heightened emotions and complex family dynamics. A seasoned criminal defense attorney with substantial courtroom experience recognizes this. We aim to provide objective, rational advice when you feel overwhelmed or conflicted. Defense lawyers help you understand your options and guide you toward decisions that are in your best interests, both legally and personally.

Call 704-342-HELP to schedule a consultation with a domestic violence attorney at the Powers Law Firm PA. You may also TEXT us at 704-342-4357.

A Domestic Violence Protective Order, commonly referred to as a DVPO or a 50B order (after Chapter 50B of the North Carolina General Statutes), is a civil court order designed to provide protection to victims of domestic violence. These orders play can a significant role in domestic violence and family law matter, often having far-reaching effects on the defendant against whom the order is issued.

In North Carolina, who can bring an action for Domestic Violence Protective Order is defined by state law. That may include current or former spouses, people who live together or have lived together, parents and children, people who have a child in common, current or former household members, and people who are or have been in a dating relationship. It's important to understand that DVPOs are technically a separate legal proceeding from criminal charges, although they often arise from the same fact pattern and/or allegations.

The process of obtaining a DVPO typically begins when someone files a complaint with the Clerk of Court, alleging that an act of domestic violence has occurred. Thereafter, there is an initial determination in an ex parteproceeding of whether to issue a temporary order, which can be granted without the alleged defendant’s knowledge, presence, or participation. This temporary order can provide immediate protection and normally remains in effect until a full hearing can be held, usually within 10 days.

At the full hearing, both parties have the opportunity to present their case to a judge. The person seeking the order must prove that an act of domestic violence occurred. As such, they carry the Burden of Proof and Production of Evidence. The legal standard is that of a civil proceeding or “By a Greater Weight of the Evidence.” If the judge finds that, more likely or not, an act of domestic violence took place, the NC Domestic Violence Law directs the Court to issue a permanent DVPO, which can last up to one year and may be renewed at later proceedings in certain circumstances.

The terms of a DVPO can be quite comprehensive. They may include provisions that prohibit the defendant from contacting or coming near the protected party, their home, workplace, or school. In some cases, DVPOs also address temporary child custody, child custody and visitation issues, possession of shared residences, post separation support or “PSS,” and possession of personal property. Some orders may require the defendant to surrender firearms.

It's important to note that violating a DVPO is a serious matter. In North Carolina, it's a criminal offense that can result in arrest and additional charges, separate from any underlying domestic violence charges. Violation of a Domestic Violence Protective Order in North Carolina is a Class A1 misdemeanor, subjecting the defendant to up to 150 day in jail for each violation of the DVPO.This means that even if the original allegations of domestic violence are unfounded or dismissed, once properly served on the Defendant, violating an ex parte,temporary DVPO can lead to criminal charges and substantial consequences.

For anyone accused of domestic violence, the issuance of a DVPO can have a significant and immediate impact. It may require you to leave your home, affect your ability to see your children, and potentially impact your employment or standing in the community. The issuance of a 50B Order in North Carolina is recorded by the United States Government in the NCIC - National Crime Information Center as maintained by the Federal Bureau of Investigation (FBI). Given the potentially serious consequences, it's a good idea to immediately seek legal counsel if you're facing allegations of domestic violence and are subject to a DVPO.

On the other hand, if you're a victim of domestic violence in Charlotte NC and would like to seek protection through a DVPO, understanding the legal process and your rights can be equally important. While you're not required to have an attorney to file for a DVPO, legal representation can help ensure that your rights are protected and that the Order addresses your safety concerns.

Whether you're seeking a DVPO or one has been filed against you, navigating this process can be complex and emotionally challenging. The intersection of civil protective orders with potential criminal charges adds another layer of complexity to domestic violence cases. Each situation is unique, and the specific circumstances of your case can significantly impact the appropriate course of action.

If you find yourself dealing with issues related to a DVPO in the grater Charlotte region, including in Mecklenburg, Iredell, Union County NC, and Lincolnton, the Powers Law Firm PA at 704-342-4357 may be able to help. Our experienced family law attorneys and criminal defense lawyers would be honored to provide guidance tailored to your specific situation, helping you understand your rights and options during this difficult time. Remember, seeking legal advice early in the process can help protect your interests and may lead to a better ultimate outcome. That’s true whether you're seeking protection or defending against false allegations.

In North Carolina, it's important to distinguish between the two separate legal processes that may occur in domestic violence cases: criminal charges and civil Domestic Violence Protective Orders (DVPOs). These two processes have different rules and procedures when it comes to "dropping" or dismissing the case.

Criminal Charges: In the case of criminal domestic violence charges, the decision to proceed with or dismiss the case lies with the prosecuting attorney, typically an Assistant District Attorney in North Carolina. Once a domestic violence allegation is reported and if criminal charges are filed, the alleged victim does not have the authority to "drop the charges."

When law enforcement responds to a domestic violence call, they gather evidence and may make an arrest or issue a citation if they believe there's probable cause that a crime occurred. Once charges are filed, the case is in the hands of the criminal justice system. The prosecutor reviews the evidence and decides whether to proceed based on factors such as the strength of the evidence, the severity of the alleged offense, the defendant's criminal history, and the overall interests of justice.

While the wishes and cooperation of the alleged victim are considered, they are not the sole determining factor. The prosecutor may choose to proceed even if the alleged victim expresses a desire not to press charges. This policy exists to protect victims who may feel pressured to withdraw complaints and to address the broader public interest in deterring domestic violence.

However, an alleged victim's level of cooperation can impact the case. If they refuse to testify or recant their initial statements, it can make prosecution more challenging, although prosecutors may still proceed using other evidence like 911 calls, photographs of injuries, or testimony from other witnesses.

Civil Domestic Violence Protective Orders (DVPOs): In contrast, a Domestic Violence Protective Order, also known as a DVPO or 50B order in North Carolina, is a civil cause of action. It’s a type of restraining order. For such matters, the person seeking protection (the plaintiff) does have the ability to dismiss the action if they no longer wish to pursue or maintain the protective order.

Prior to the entry of a formal Domestic Violence Protective Order, if a plaintiff decides they no longer want the protection offered by a DVPO, they can file to dismiss the action with the court. This is different from criminal charges because the DVPO is a civil matter initiated by the individual seeking protection, not by the state. Once a permanent DVPO is entered, the process to set aside that Order can become more complicated and may benefit from assistance of legal counsel.

The dismissal of a DVPO does not result in the dismissal of related criminal charges. These are separate processes, and the dismissal of one does not necessarily affect the other.

For anyone involved in domestic violence issues, whether as an accused person or as someone seeking protection, understanding these distinctions is important. The interplay between criminal charges and civil protective orders can be complex, and actions in one court proceeding can sometimes have unintended consequences in the other. Put simply, it’s complicated. That’s one reason we believe it’s smart to Lawyer Up.

If you're dealing with issues related to domestic violence charges or protective orders in the Charlotte metro area, including Union County NC, Mecklenburg, and Iredell County, it’s a good idea to seek legal guidance. The attorneys at Powers Law Firm PA (704-342-4357) offer legal advice tailored to the specific situations of our clients. It would be an honor to explain your legal rights and options, whether you're facing charges, considering dismissing a protective order, or seeking to maintain one. We advocate for the best interests of our clients.