For Domestic Violence and Protective Orders, Hire a Raleigh Domestic Violence Lawyer

If you are charged with domestic violence in NC, an experienced criminal attorney, especially a Raleigh domestic violence lawyer, will assist you in navigating the courts and zealously represent your interests; Catherine Peebles, PLLC, is the criminal lawyer in Raleigh who can help.

Domestic Violence Defined in NC – When to Seek a Criminal Defense Attorney

Domestic violence is a broad term that encompasses a variety of incidents and altercations. At the same time, for North Carolina’s domestic violence laws to apply, there must be a personal relationship between the victim and perpetrator

Domestic violence charges may follow if you do one of the following to a person with whom you have a personal relationship:

Attempt, intend, or cause bodily injury
Put someone in fear of imminent serious bodily injury
Place someone in fear of harassment, causing significant emotional distress

As you can see, these are extensive terms that can encompass assault and battery, harassment, stalking, sex-related crimes, and sometimes involve deadly weapons or firearms.

North Carolina’s laws on domestic violence are some of the strictest in the country, which is why you should hire a Raleigh domestic violence lawyer to achieve the best outcome of your case. Moreover, a seasoned defense attorney will be able to minimize a case’s future impact on your life.

Domestic Violence laws are outlined in Chapter 50B of NC’s General Statutes.

Personal Relationships in NC Domestic Violence Laws

The laws around domestic violence in NC involve individuals with whom the defendant has a personal relationship. A personal relationship is someone with whom you have a family or intimate relationship. They can include the following:

Current or former spouse
Mother or Father of your child
Legal guardians
Grandparents and
grandchildren
Dating partners
(including ex-girlfriends and ex-boyfriends)

Filing a Protective Order With an NC Domestic Violence Lawyer

Domestic Violence Protective Orders (DVPOs) are court orders that protect victims from perpetrators of domestic violence or domestic abuse. These orders force defendants (the person the protective order is filed against) to stay away from the plaintiff (the one who filed the protective order), but differ from a criminal conviction. In addition, they usually require that a defendant have no contact with the plaintiff and stay away from their home, school, and workplace.

North Carolina domestic violence laws do not classify DVPOs as criminal charges, and DVPOS do not appear on a criminal record, but documents are available for the public. However, if a defendant violates a DVPO, they may be arrested and charged with a crime. For this reason, to protect your rights and ensure that you are following the requirements for a DVPO, call a Raleigh domestic violence lawyer to speak about your case.

Common Charges Handled by NC Domestic Violence Lawyers

While domestic violence encompasses a variety of behaviors, the most common offenses and convictions are simple assault, assault on a female, sexual assault, and stalking or harassment.

Simple Assault and Assault on a Female

Attempting, threatening, or causing bodily harm to another person is simple assault. Beyond physical contact, assault also can entail spitting or throwing an object at another person. Assault on a female is the same charge but specifically when the victim of the crime is a woman.

Simple assault and battery is a Class 2 misdemeanor in North Carolina. Depending on aggravating factors, the charges may escalate to a felony. Moreover, the penalties for a felony are much more severe and will have even more of a lasting impact. To understand more about NC’s assault and battery laws, visit our page.

Strangulation

North Carolina specifies Felony Assault by Strangulation as a separate charge because this type of crime is very serious. Apart from other assault charges, felony assault by strangulation must encompass both the act of strangulation and physical injuries resulting from the strangulation. Assault by strangulation is a Class H felony in NC.

To read more about this charge, see N.C. Gen. Stat. § 14‑32.4.

Sexual Assault

Strangers do not commit every sexual offense. Often, sex crimes involve someone the victim knows well. Depending on the nature of the offense, the penalties for sexual assault vary between misdemeanors and felonies.

Stalking and Harassment

Stalking and harassment are violent acts as they aim to frighten, torment, and intimidate the victim. These charges are Class 1 misdemeanors in NC.

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Is Domestic Violence a Felony in NC?

Some domestic violence charges are felonies in NC, especially if they involve aggravated assault or other violent crimes. To understand the specifics of your case, speak with a Raleigh domestic violence lawyer about the details.

In order to decide if the domestic violence charge is a felony or misdemeanor, NC considers the nature and details of the crime, the injuries to the victim, whether there are repeat offenses, and if the offense repeatedly violated a domestic violence protective order (DVPO).

The Consequences of Domestic Violence Convictions

The punishment for domestic violence in NC depends on the factors of the crime, so they may be misdemeanors or felonies, carrying jail time, fines, and other penalties. One of the most serious punishments for misdemeanor domestic violence in NC is five months of jail time. Felony charges result in longer prison sentences. Sex-related crimes may also require the defendant to register as a sex offender.

Find yourself facing a domestic violence charge in NC? Securing a criminal attorney is critical. These charges can impact your future in finding work and disrupt your everyday life

How a Criminal Defense Attorney Can Help Domestic Violence Cases

A criminal defense attorney will help minimize the impact of these charges on your future life. NC’s complicated domestic violence laws involve a variety of charges, which is why you will need an experienced criminal lawyer to help navigate the court. A Raleigh domestic violence lawyer familiar with NC courts will be able to assist and ensure that your case is handled with care for the best possible outcome.

Contact a Raleigh Domestic Violence Defense Lawyer Today

Domestic violence charges can result from a variety of situations: heated fights, separation disagreements, and divorce or custody disputes. For example, some individuals are wrongfully accused, while others know that they have wronged the other party. No matter the cause or details, securing an experienced domestic violence defense lawyer is the best first step to deal with the charges. Catherine Peebles, PLLC, has dealt with thousands of cases in court and is ready to assist with your case.

Raleigh Domestic Violence Lawyer – FAQ

What Is Considered Domestic Violence in North Carolina?

Domestic violence includes physical harm, threats, stalking, or harassment between individuals in a personal relationship, such as spouses, partners, or family members.

What Are the Penalties for a Conviction?

Penalties may include:

Jail time or probation
Fines and court costs
Loss of firearm rights
Mandatory counseling or anger management
A permanent criminal record

Can I See My Children If I’m Charged?

Possibly, but your parental rights may be restricted by the court or a protective order. Legal guidance is necessary to preserve your custody or visitation rights

When Should I Contact an Attorney?

Immediately. Early legal intervention increases your chances of a positive outcome and protects your rights from the start.