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How to Get Domestic Violence Charges Dismissed in North Carolina

By Randall & Stump excels in criminal defense, serving clients in Charlotte, NC & other surrounding cities.
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Category Criminal Defense, Domestic Violence
Thursday, May 30, 2024

How Domestic Violence Will Impact Your Job

If you’ve been charged with domestic violence in North Carolina, you’re probably confused about the law and worried about the potential consequences. Facing criminal accusations can be stressful and frightening, but there may be legal pathways to get your domestic charges dropped or dismissed.

Call Randall & Stump, Criminal Defense Attorneys today at (980) 907-8610 for a free consultation.

What Is Domestic Violence in North Carolina?

In North Carolina, domestic violence is broadly defined as any criminal offense committed between individuals who have a personal relationship, such as spouses, former spouses, dating partners, individuals living together, or individuals with a child in common.

Types of domestic violence offenses frequently charged in North Carolina include:

  • Assault: any intentional act that causes another person to fear imminent bodily harm or that results in physical injury
  • Communicating threats: making threats of bodily harm or death to another person
  • Stalking: repeatedly following or harassing another person, causing fear or emotional distress
  • Sexual assault: any unwanted sexual contact or activity, including rape and sexual battery
  • Violation of protective orders: disobeying court-issued orders intended to keep a victim safe from further harm.
  • Harassment: engaging in conduct that alarms or annoys another person, causing substantial emotional distress.

Can Domestic Violence Charges Be Dropped in North Carolina?

In North Carolina, domestic violence charges can be dropped under certain circumstances, but it’s essential to understand the legal process and requirements involved. Unlike some offenses, the victim of domestic violence in North Carolina doesn’t have the direct power to drop the charges.

Ultimately, the decision to drop charges rests with the prosecutor handling the case. However, if the victim requests dismissal, it can weigh heavily in the prosecutor’s decision-making process, particularly if the victim refuses to cooperate or testify.

Grounds for Dismissal of North Carolina Domestic Violence Charges

While domestic violence charges are taken seriously in North Carolina, there are some common grounds where getting them dismissed may be possible. These include:

  • Lack of Evidence: The prosecution needs a strong case to convict. If there’s insufficient evidence or conflicting accounts, dismissal becomes more likely.
  • Uncooperative Victim: Domestic violence cases often rely heavily on witness testimony, especially from the victim. If the victim is unwilling to cooperate with the prosecution or retracts their accusations, the case weakens considerably and could be dismissed.
  • Self-Defense: If the accused can demonstrate they were acting in self-defense during the incident, they might have grounds for dismissal.
  • False Allegations: In some cases, domestic violence charges may be based on false accusations. If the accused has strong evidence (such as eyewitness testimony, text messages, or video recordings) disproving the allegations, dismissal is a potential outcome.

How a Lawyer Can Help Get Your Domestic Violence Charges Dropped

A criminal defense attorney can be instrumental in helping individuals charged with domestic violence in North Carolina navigate the legal challenges they face. By thoroughly evaluating the case, navigating legal complexities, and leveraging their knowledge of the law, your attorney can contest the prosecution’s evidence, negotiate with prosecutors, file motions to suppress evidence, and advocate for you in court.

You stand the best chance of getting your domestic violence charges dropped or dismissed by working with an experienced criminal defense attorney. We can fight to protect your rights throughout the legal process.

Call a Criminal Defense Attorney for Help Fighting Domestic Violence Charges

Domestic violence charges can be life-altering, but you don’t have to fight to clear your name by yourself. Every case is different, but with the right legal representation and support, you can pursue the best possible outcome and seek to get your charges dropped or dismissed.

Contact Randall & Stump, Criminal Defense Attorneys today at (980) 907-8610 to schedule a free consultation.