If you have been accused of an act of domestic violence on the Outer Banks of North Carolina, it’s important to know your rights and what you need to do next.
Domestic violence charges can carry serious penalties, including jail time and a criminal record.
That’s why we think it’s crucial to hire a criminal defense lawyer who can help protect your rights.
Keep reading for more information about domestic violence charges in North Carolina, and contact Danny Glover today for a free consultation!
Is “Domestic Violence” a specific criminal charge in North Carolina?
Sometimes people ask, “Is there a crime called Domestic Violence?”
The answer is, no.
But, there are aspects of a wide range of different felony and misdemeanor criminal charges in North Carolina that may fall into the broad categorization of “acts of domestic violence.”
Certain criminal offenses may be captured within the civil, statutory definition of Domestic Violence in North Carolina.
That’s important because if the criminal charges involve a domestic relationship or otherwise fall within the definition of “domestic violence,” the terms and conditions of release (bond – pretrial release), upon getting arrested, are subject to special rules under the NC Criminal Laws.
Acts of Domestic Violence may also be used as a basis for the alleged victim to obtain a type of TRO – Temporary Restraining Order.
Defense lawyers and family law attorneys often refer to those as a Domestic Violence Protective Order or “DVPO” or “50B Order,” given it’s defined in a civil statute, N.C.G.S. Chapter 50B.
Domestic violence is generally defined as physical violence or threats of violence between family members or household members, which includes spouses, former spouses, persons who have a child in common, and current or former household members.
It also applies to people who are dating or have dated in the past.
It includes the “commission” of certain Acts of Domestic Violence upon the victim or on a minor child residing with the victim or in their custody “by a person” with whom the victim “has had or has a personal relationship.”
Acts of Domestic Violence may include things like:
- Intentionally causing bodily injury or attempting to cause bodily injury
- Placing the victim (“the aggrieved party”) or a member of their household or family in fear of serious, imminent bodily injury or harassment on a continuous basis
- Sexual Offenses, including Sexual Assaults, Rape, etc.
What kinds of criminal charges in North Carolina may be classified as Domestic Violence?”
Many different criminal offenses in North Carolina may include criminal acts that could be deemed “Acts of Domestic Violence.”
They include things like:
- Simple Assault
- Assault on a Female
- Assault on a Child
- Communicating Threats
- Assault with a Deadly Weapon
- Injury to Real Property
- Injury to Personal Property
- Interfering with Emergency Communication
- Felony Assault by Strangulation
These can range from allegations of misdemeanor assault and battery, assault on a female, communicating threats, violations of protective orders, stalking, and injury to personal property, all the way up to felony crimes such as kidnapping, assault with a deadly weapon with intent to kill inflicting serious injury, and arson.
These types of legal matters deserve a careful analysis of the facts and circumstances of the criminal case to determine whether or not it meets the legal definition.
What are the penalties for a Domestic Violence conviction in North Carolina?
The penalties for a Domestic Violence conviction can vary greatly depending on the specific offense charged, as well as any prior convictions or active orders of protection.
Both misdemeanor and felony charges in North Carolina may also have long-term implications on the rights of the person convicted.
It can be hard to find work or even a place to rent if you have convictions on your record.
In any case involving domestic violence, it is important to seek out legal advice from an experienced domestic violence attorney on the Outer Banks of North Carolina.
We can help to ensure that your rights are protected and that you understand the implications of a potential conviction or plea deal – Danny Glover, OBX Domestic Violence Lawyer
When is the best time to hire a lawyer?
It is important to get legal advice as soon as possible if you have been accused of Domestic Violence in North Carolina.
That’s particularly true if you are also served with a Complaint and Motion for Domestic Violence Protective Order.
Sometimes people don’t understand a DVPO and criminal charges, while related by the fact pattern, are separate and distinct things. We think legal representation for both is imperative – Danny Glover, OBX Criminal Lawyer
A DVPO – Domestic Violence Protective Order or “50B Order” is handled in civil court.
The related criminal charges, whatever they may be, are handled in criminal court.
Criminal defense lawyers help prepare a response to criminal charges, gather evidence, speak to witnesses, and provide strategic guidance throughout the court process.
Having an experienced lawyer on your side can greatly improve your chances of success in either of these options.
Don’t hesitate to contact Danny Glover Jr. if you need legal representation related to a domestic violence charge or protection order on the Outer Banks.
We handle legal matters in places like:
We understand that being accused of Domestic Violence is a serious situation, which can have both long-term and short-term consequences.
Our goal is to ensure that you are aware of your rights, fully informed about the legal process, and have a well-crafted defense strategy as soon as possible.
Contact us today for a free consultation to discuss your options when facing domestic violence charges or responding to a DVPO in North Carolina.
How much are legal fees?
The cost of legal fees can vary depending on the individual case and the strategies pursued.
Generally, we tend to charge a flat rate for criminal charges at the Glover Law Firm.
A number of factors, including the case’s complexity, how much research is required, and location, all play into the final figure.