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Get Help From a Domestic Violence Defense Attorney Near You

If you are accused of committing domestic violence against a current or former romantic partner, or someone else in your family or household, you should contact a domestic violence lawyer immediately. Despite there being no specific crime of “domestic violence”, you may face criminal charges for a number of coffenses, such as simple assault, assault on a female, communicating threats, stalking, or sexual assault. You may also face civil restraining orders with or without criminal charges. In either situation, you will need the help of the skilled Charlotte criminal lawyers at Randall & Stump, Criminal Defense Attorneys.

Our domestic violence attorneys will thoroughly investigate the charges against you and analyze every piece of evidence as we craft a defense on your behalf. We cannot guarantee a specific outcome to a criminal domestic violence charge or civil protective order case. However, our domestic violence lawyers always fight hard to obtain the best possible outcome in your case, and we have a strong track record of success in the courtroom and with reviews from clients we’ve helped.

To schedule a free and confidential consultation of your case, contact us today at (980) 237-4579.

Domestic Violence Laws in North Carolina (NCGS §50B-1)

North Carolina General Statue §50B-1 defines domestic violence in the state of North Carolina. It is the commission of one or more certain acts, by a person with whom the victim has or had a personal relationship with. Such relationships include people:

  • Who are current or former spouses
  • Who are of the opposite sex who currently or previously lived together
  • Who are related as parents and children or grandparents and grandchildren
  • Who have a child in common
  • Who are current or former household members
  • Who are of the opposite sex who are in or had a dating relationship

Man and woman fighting in the background as their young child watches while doing homework

What Is Considered Domestic Violence in North Carolina?

Domestic violence encompasses a wide range of violent, threatening, and inappropriate behavior. Many accusations of domestic violence include physical, emotional, or sexual abuse. However, you must understand that domestic violence does not require physical contact or for the victim to suffer any physical injuries. Under §NCGS 50B-1(a), you can face criminal or civil court proceedings if you:

  • Attempt to cause another person bodily injury
  • Intentionally cause another person bodily injury
  • Place the victim or a member of their family in fear of imminent serious bodily injury or continued harassment that inflicts substantial emotional distress
  • Commit certain sex offenses as defined in North Carolina law

If someone alleges that you committed an aggressive or violent act on a household member and you want to protect your reputation, rights, and freedom, contact a domestic violence defense attorney in Charlotte, NC right away.

Common Domestic Violence Charges in Mecklenburg County

Domestic violence itself is not a specific crime. When you are accused of domestic violence, you may face charges for several different offenses. Depending on the offense, you could face misdemeanor domestic violence charges or felony domestic violence charges. At Randall & Stump, Criminal Defense Attorneys, our domestic violence defense attorneys have handled a wide range of criminal cases involving domestic violence issues. Our domestic violence lawyers will skillfully and aggressively defend you against all types of accusations, including:

Domestic Simple Assault (NCGS §14-33(d))

Domestic Simple Assault is a class A1 misdemeanor. This offense involves any assault or battery resulting in a serious injury to someone you have a personal relationship with.

Assault on a Female (NCGS §14-33(c)(2))

Assault on a Female is a class A1 misdemeanor. This offense involves a simple assault on a female perpetrated by an adult male.

Assault by Strangulation (NCGS §14-32.4(b))

Assault by Strangulation is a class H Felony. This statute covers any assault where physical injury is inflicted by strangulation, whether with the hands or with an object such as a cord or rope.

Harassment/Stalking (NCGS §14-277.3A)

Harassment/Stalking is a class A1 misdemeanor. A person is guilty of stalking or harassment if they willfully follow or are present around another person multiple times, without legal justification, and with the intent to either cause death or bodily injury or to cause emotional distress by placing the person in reasonable fear of death or bodily injury.

Rape (NCGS §14-27.21 & §27.22)

Rape is a class B1 or class C Felony. A person commits second-degree forcible rape if they engage in vaginal intercourse with another person: (1) through force and against the other person’s will, or (2) with someone who has a mental disability, is mentally incapacitated, or is physically helpless, when the perpetrator knows or reasonably should know about the victim’s condition.

Sexual Battery (NCGS §14-27.33)

Sexual Battery is a class A1 Misdemeanor.

The penalty you face upon conviction, such as jail time, fines, and additional consequences, depends upon the level of the charge against you and whether there are mitigating, or aggravating factors present in your case. In addition, your past criminal history is considered.

Having a personal relationship with the victim is something the jury and judge can consider during a trial. If you are convicted, the fact that the crime was domestic violence can influence your sentence, including the terms of probation. Before, during and after the trial, there may be a no-contact order in place, which means you cannot have any face-to-face contact or communication with the victim.

Defenses and How to Overcome Domestic Violence Charges in North Carolina

Domestic violence cases in Charlotte can be challenging to prove and challenge since the allegations often occur in public. It can feel like one person’s word against yours. However, that does not mean you should not fight the accusations of domestic violence. It simply means you are better off working with a domestic violence lawyer who has experience defending against false accusations. Below, our domestic violence defense attorneys explain some common defenses and how to beat a domestic violence case in North Carolina.

Lying and False Allegations of Domestic Violence

One way to prove you are innocent of a domestic violence offense is to demonstrate that your accuser is lying and has the motive to do so. Your domestic violence defense attorney will vigorously cross-examine the alleged victim in court to find inconsistencies or misrepresentations in their story. In many false allegations of domestic violence, the accuser has an ulterior motive. Your domestic violence lawyer may draw that out, demonstrating to the judge or jury that the individual accusing you wanted to revenge or was attempting to influence a divorce or child custody dispute.
Policeman taking a witness statement from a woman

Questioning Witnesses to the Alleged Domestic Abuse

If there were witnesses to the alleged incident, including children who may have witnessed the alleged domestic violence, then your domestic violence lawyer may question them on the stand. They may be able to show that the witnesses did not actually see or hear abuse, or that they misinterpreted what they heard. If they directly saw violent conduct (or lack thereof), it is highly likely they know exactly what happened.

Claiming Self-Defense in Domestic Violence Cases

Depending on the circumstances, your domestic abuse lawyers may be able to present evidence that you acted in self-defense. Self-defense can be claimed as a legal defense against domestic violence charges if the accused can demonstrate that their actions were necessary to protect themselves from an unprovoked attack or reasonable threat of imminent harm or bodily injury by the alleged victim. The force used must have been reasonable and proportionate to the perceived threat.

Lack of Evidence

Additionally, in criminal cases, it is the prosecutor’s burden to prove you committed the crime beyond a reasonable doubt. Your domestic violence attorney will demonstrate that there are holes and weaknesses in the prosecutor’s case, creating the doubt you need to be acquitted.

Character Witnesses in Domestic Violence Cases

Another way to prove your innocence is to utilize character witnesses. Your domestic violence lawyer will strive to show the court that you are a person of good and moral character. This can go a long way in proving you would not do what your victim accused you of.

Provide Testimony and Tell Your Side of the Story

Your testimony can be essential to proving your innocence. When you are accused of criminal conduct toward someone you know, you have the right to tell your side of the story. At Randall & Stump, Criminal Defense Attorneys, we have handled domestic violence cases in Charlotte, NC in which the accused was actually abused by the individual making allegations of abuse.

Protective Orders in Domestic Violence Cases in Mecklenburg County

Accusations of domestic violence may not lead to criminal charges. You may only face a civil protective order. A person who accuses you of domestic violence can seek a domestic violence protective order (DVPO), which is also known as a 50B order in the state of North Carolina. If another person obtains a 50B order against you, you can be legally required to stay away from them, move out of a shared home, pay them spousal or child support, lose custody of your children, lose the right to possess firearms, and more.

If you are served papers regarding a petition for a protective order, you should contact a domestic violence lawyer in Charlotte, NC for help. Along with a summons to a court hearing, you may also have received a copy of a temporary protective order, which is typically called an Ex Parte Protective Order. You must adhere to this order, which typically lasts 10 days. Any violation of a protective order can lead to civil penalties and possible criminal charges.

By working with a domestic violence defense attorney, you can arrive at the restraining order hearing prepared to thoroughly defend yourself. If you can show that you did not commit domestic violence, or at least that the other party does not have sufficient evidence to prove you did, then you may avoid a lengthy protection order, which typically lasts twelve (12) months.

Do I Need a Lawyer for Domestic Violence Charges?

Fighting accusations of domestic violence is not only legally challenging, it is also emotionally difficult. At Randall & Stump, Criminal Defense Attorneys, we have witnessed firsthand how hard it is to cope with false accusations of domestic abuse. We can help you during this difficult time. Our domestic violence lawyers will defend you against these allegations in North Carolina’s criminal and civil courts, fighting for your rights every step of the way. We have experience successfully helping clients get their charges dismissed as well as getting protective orders dismissed.

How Much Does a Domestic Violence Lawyer Cost?

Our domestic violence lawyers offer free consultations, and the cost to defend you will depend on a number of factors that can be discussed during your initial consultation. To discuss your situation and how to best defend yourself, contact us online or call (980) 237-4579 to schedule a free, confidential consultation.