Do I need a lawyer for Domestic Violence charges?
Yes! Domestic violence offenses are some of the most serious crimes charged, and typically create immediate hurdles to a person’s freedom and daily life. In countless cases, allegations are exaggerated or driven by the different motives of the accuser. In Raleigh domestic violence court, there are many cases filed that are not based on actual events.
It is often said, the first to call police or file in court has the upper hand. This can leave an individual feeling like their back is against the wall, and their life has been turned upside down.
That is not to say that all domestic violences cases are based on false accusations, as most domestic violence cases arise from either physical or emotional abuse caused by one side of a relationship to the other.
It is often said, the first to call police or file in court has the upper hand. This can leave an individual feeling like their back is against the wall, and their life has been turned upside down.
That is not to say that all domestic violences cases are based on false accusations, as most domestic violence cases arise from either physical or emotional abuse caused by one side of a relationship to the other.
In either scenario, it is important to have an experienced domestic violence attorney to help guide you to a favorable outcome. There are dozens of factors that can change how these types of cases are resolved, and having the right attorney can be the difference between a dismissal and jail time.
Domestic violence cases routinely strip people of their right to stay in their home or to see their children. The turnaround time for court can be fast, and preparing your defense soon after being charged can make a big difference in your case.
Domestic violence cases routinely strip people of their right to stay in their home or to see their children. The turnaround time for court can be fast, and preparing your defense soon after being charged can make a big difference in your case.
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In countless cases, the district attorney has very limited information provided by a law enforcement officer or the named victim. A seasoned domestic violence attorney can present the whole story, allowing the district attorney or judge to see a bigger perspective versus a narrow version of events, often provided by a biased party.
Being falsely accused of domestic violence can leave a person wondering what they did wrong and how to respond to the situation. Even if you have nothing to hide, you should always speak with a domestic violence defense attorney before speaking with anyone else.
Contact Kevin NowBeing falsely accused of domestic violence can leave a person wondering what they did wrong and how to respond to the situation. Even if you have nothing to hide, you should always speak with a domestic violence defense attorney before speaking with anyone else.
What is Domestic Violence in North Carolina?
Most people would only consider an act of physical violence between spouses or partners to be domestic violence. Even though this is commonly the case, there does not need to be an act of violence for a case to be categorized as domestic violence.
Essentially, any alleged criminal act between two people in a personal relationship, whether it be spouses, exes, family members, or sometimes roommates, can be considered domestic violence. A criminal offense, as minor as the taking or destruction of property can be considered domestic violence.
Essentially, any alleged criminal act between two people in a personal relationship, whether it be spouses, exes, family members, or sometimes roommates, can be considered domestic violence. A criminal offense, as minor as the taking or destruction of property can be considered domestic violence.
How Domestic Violence Arrest Works in Wake County
According to North Carolina law, a person arrested for a domestic violence offense might face 48 hours in jail before being allowed to post any bond that is set. After finally being released, there will be conditions placed on you that typically last the duration of the criminal case. In Wake County, these conditions often include no contact with the alleged victim, not being able to go to your home, and sometimes no contact with loved ones.
A court date will be set within a few weeks of an arrest, and in some situations, a person might also be served with a civil temporary domestic violence protective order (DVPO), often referred to as a restraining order. A DVPO is handled separate from the criminal case.
It is not uncommon for a domestic violence defendant to have to deal with two separate court dates with possibly two separate punishments for being accused of one instance of domestic violence. If not handled appropriately, a domestic violence protective order case can have a negative impact on the criminal case.
A court date will be set within a few weeks of an arrest, and in some situations, a person might also be served with a civil temporary domestic violence protective order (DVPO), often referred to as a restraining order. A DVPO is handled separate from the criminal case.
It is not uncommon for a domestic violence defendant to have to deal with two separate court dates with possibly two separate punishments for being accused of one instance of domestic violence. If not handled appropriately, a domestic violence protective order case can have a negative impact on the criminal case.
Finding the Right Domestic Violence & DVPO Attorney in Raleigh
You don’t have to face domestic violence accusations or a DVPO hearing alone. Kevin Long is a former North Carolina Assistant District Attorney who now handles countless cases in Wake County Domestic Violence Court, including DVPO hearings and an array of criminal charges.
There is usually a lot more to the story than the allegations made against a defendant. Use a domestic violence defense attorney with an unmatched knowledge of how both sides work.
Contact Kevin NowThere is usually a lot more to the story than the allegations made against a defendant. Use a domestic violence defense attorney with an unmatched knowledge of how both sides work.
More Information on DV Charges and DVPO in Raleigh
common domestic violence charges
Assault, Assault on a Female, Assault with a Deadly Weapon, Assault Inflicting Serious Injury, Communicating Threats, Larceny, Damage to Property, Stalking, Cyberstalking, Harassment, Disclosure of Private Images, Child Abuse, Assault by Strangulation.
Being convicted of a domestic violence offense could land someone with a probationary sentence or jail time. Domestic violence convictions can carry even bigger consequences with regards to someone’s criminal record.
Most employers and landlords look at domestic violence convictions with more scrutiny that other types of crimes, and gaining employment or finding a place to live can become terribly difficult. Your right to own or possess a firearm can also be taken away in some cases.
Being convicted of a domestic violence offense could land someone with a probationary sentence or jail time. Domestic violence convictions can carry even bigger consequences with regards to someone’s criminal record.
Most employers and landlords look at domestic violence convictions with more scrutiny that other types of crimes, and gaining employment or finding a place to live can become terribly difficult. Your right to own or possess a firearm can also be taken away in some cases.
Domestic violence protection orders in north carolina
A Domestic Violence Protective Order (DVPO), or commonly referred to as a 50B or restraining order, is a type of civil protection for victims of domestic violence. DVPOs give victims very broad protections against further offenses and give the police broad power to arrest anyone that allegedly violates the 50B DVPO order.
It takes a very small amount of evidence, sometimes a minimal allegation, to be arrested for violating a DVPO. The criminal offense of violating a 50B DVPO order can carry up to 150 days in jail. Just like a domestic violence charge, it is very important that you seek out an experienced DVPO defense attorney to help you navigate this process.
It takes a very small amount of evidence, sometimes a minimal allegation, to be arrested for violating a DVPO. The criminal offense of violating a 50B DVPO order can carry up to 150 days in jail. Just like a domestic violence charge, it is very important that you seek out an experienced DVPO defense attorney to help you navigate this process.
For a 50B DVPO Order to be put in place for an extended period, the alleged victim will have to appear before a judge on two separate occasions. First, the victim must file for an Ex Parte protective order. To do so, the victim must go to the courthouse, file specific paperwork, testify to a judge about the allegations, and provide some amount of proof or evidence. The defendant will not be present for this first court hearing.
If the judge agrees to grant the protective order, it will only be in place for ten days. Within those ten days, there will be a second court date set where both the victim and the defendant are present. If the defendant wants to contest the protective order against him or her, the court will conduct a trial to determine whether there are reasonable grounds to grant a more permanent protective order. A permanent DVPO is typically valid for one year. A victim can file to have it extended for a longer period at the end of that year.
If a judge does not feel that there are reasonable grounds to extend the DVPO, the defendant will be under no civil obligation to comply with the conditions of the initial ten-day order.
If you are served with a 50B domestic violence protective order in Raleigh, and you wish to contest the protective order being extended for one year, you only have a few days to find an experienced DVPO defense attorney. Furthermore, mishandling a DVPO can have substantial negative effects on a related criminal case.
If the judge agrees to grant the protective order, it will only be in place for ten days. Within those ten days, there will be a second court date set where both the victim and the defendant are present. If the defendant wants to contest the protective order against him or her, the court will conduct a trial to determine whether there are reasonable grounds to grant a more permanent protective order. A permanent DVPO is typically valid for one year. A victim can file to have it extended for a longer period at the end of that year.
If a judge does not feel that there are reasonable grounds to extend the DVPO, the defendant will be under no civil obligation to comply with the conditions of the initial ten-day order.
If you are served with a 50B domestic violence protective order in Raleigh, and you wish to contest the protective order being extended for one year, you only have a few days to find an experienced DVPO defense attorney. Furthermore, mishandling a DVPO can have substantial negative effects on a related criminal case.
A 50B protective order will come with several conditions that the defendant must comply with. Some of these conditions include:
- No contact with the victim, sometimes including household members or children
- Victim gets temporary possession of a residence while excluding the defendant
- Granting temporary ownership of a pet
- Order the defendant to stay away from specific places associated with the victim, such as school, work, children’s daycare or school, or a certain distance always (100 yards)
- Granting temporary use of a vehicle
- Violating any of these conditions can lead to the defendant being charged with a criminal offense.
Questions? Contact us today to get your free consultation and put Kevin to work for you.
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