At King Law, we understand that cases such as these can be complicated as emotions run high when individuals have or had a personal relationship. Our North Carolina domestic violence and assault lawyers are here to provide trusted legal support for those charged with domestic violence as well as those who are victims of domestic violence. We also help with Temporary Restraining Orders & Preliminary Injunctions. Keep in mind that these situations are very time sensitive. Please do not hesitate to call and speak with our experienced legal team today to learn how we can help you win your case.
What Acts Constitute Domestic Violence in North Carolina?
Domestic violence is defined under North Carolina G.S. Chapter 50B-1. While many consider domestic violence offenses to be exclusively physical, that is not always the case. Under North Carolina laws, domestic violence can be any of the following acts against a person with whom you have a relationship:
- Physical violence
- Threat of violence
- Sexual assault
- Emotional abuse
How Are “Personal Relationships” Defined Under North Carolina Statutes?
Domestic relationships include others outside of marriage. While many domestic violence cases involve disputes between roommates, current or former partners or spouses, they can also involve disputes between parents and children or grandparents and grandchildren.
Incidents that arise between these personal relationships, like attempting to cause physical harm, putting the victim in fear of harassment that causes emotional distress, or perpetrating any sexual assaults, are cases that can be considered domestic violence under North Carolina laws.
How Do North Carolina Courts Handle Domestic Violence Cases?
Once the state has become involved in a domestic violence situation, the court has the decision to press charges and order an emergency protective order keeping the defendant away from the victim. If the prosecution presses charges for domestic violence, they will not drop a case even if the complaining witness wants the charges dropped or changes their story. The prosecution usually relies on evidence that includes:
- Eyewitness testimonies
- Law enforcement testimonies
- Phone call recordings
- Text messages or social media posts
- Camera footage surveillance
A protective order can help both the defendant and the victim. Keep in mind that both parties are required to abide by the protective order once it is filed. Neither party shall have contact with each other during the period of the order, whether it be one year or two years. At no time can you contact that person or be in the same place as that person. If either of the parties violates the order, they may face criminal charges.
What’s the Difference Between Domestic Violence and Assault?
Assault can be charged as a misdemeanor or felony according to North Carolina G.S. § 14-33. The penalties can range from a small fine and 30 days in jail to a maximum penalty of ten or more years in prison. Numerous factors can determine the severity of assault charges, such as:
- The type of injuries sustained by the other party
- Whether you have a previous assault conviction
- The gender or occupation of the victim
- Whether the defendant used a deadly weapon in the assault
The primary difference between domestic violence and assault is that assault can occur anywhere, and it does not always involve a domestic situation. While assault charges can involve strangers, domestic violence always involves people who have a personal relationship.
Establishing Paternity in North Carolina
Children need to have the opportunity to participate in a loving and supportive relationship with both their parents. If you’re a father who needs to establish paternity so you can be involved in your child’s life, or if you’re a mother needing a paternity test to secure financial support to provide for your child’s needs, King Law’s parental rights lawyers can help. Talk to our seasoned family lawyers today to learn your legal possibilities and decide whether DNA testing is required to establish paternity.
Support for Victims of Domestic Violence in North Carolina
If you’re the victim of domestic violence, North Carolina provides support systems through domestic violence advocates who you can speak to for guidance through this difficult time. At King Law, our family law attorneys frequently work together with our clients and domestic violence advocates to ensure our clients are comfortable and understand their options before moving forward.
While you can file an order of protection on your own, it is highly encouraged that you understand every aspect of the order and the result before proceeding. That is where our attorneys are especially valuable to your case. Additionally, a judge can issue a protective order for one person or include children to be protected under the order. If you believe that your children are at risk in a situation involving domestic violence, our lawyers will ensure that the protective order covers both you and your children.
How Can Our Lawyers Help Your North Carolina Domestic Violence and Assault Case?
Suppose you have been charged with assault or a domestic violence-related charge. In that case, our skilled criminal defense team at King Law will begin working on your defense immediately by first investigating and analyzing the prosecution’s evidence against you. Based on our assessment of the evidence, we may argue for a reduced sentence, seek to get the evidence against you thrown out, or argue for a dismissal of the charge altogether. The question of self-defense is a significant factor in many assault cases and could be critical to your legal defense.
Our criminal law attorneys will use our evaluation of your case to provide honest advice on how we think you should proceed to achieve the most favorable results. Whatever your situation may be, we will make sure you present the most robust possible defense to your assault charges to prevent assault charges on your record.
Speak to Experienced North Carolina Domestic Violence and Assault Lawyers
If you’re facing a domestic violence or assault charge in North Carolina, you need a skilled attorney who concentrates on domestic violence and assault cases. King Law’s attorneys have extensive experience defending and winning domestic violence and assault cases and can build a strategic defense based on the facts of your case. If you’re the victim of domestic violence or assault, you can be confident that King Law’s legal professionals will go to great lengths to ensure you receive protection, so you never have to suffer assault or domestic violence in your current situation again.
Talk to one of our experienced North Carolina domestic violence and assault attorneys who can help you through this challenging time. Schedule your consultation with King Law today by a contact form or calling (888) 748-KING.