North Carolina Domestic Violence Lawyers Defend the Accused
Determined representation for those facing abuse allegations in New Bern and Morehead City
Domestic violence is a societal problem throughout the United States, and North Carolina is no exception. As a nation, we rightly regard abuse against one’s own family as repugnant, which has led to many initiatives to address the root causes of the problem and provide remedies. However, outcries against domestic violence have also led to overzealous prosecutions that irreparably damage individual reputations and families. At Carolina Law Group, headed by Tommy Kellis, we are committed to the proposition that every accused person deserves a robust defense against criminal charges. Our criminal defense lawyers represent clients accused of domestic violence offenses, while in our family law section, we help both sides of domestic disputes with conflicts over restraining orders.
What is the legal definition of domestic violence?
In North Carolina, there is no specific criminal statute regarding domestic violence. Individuals accused of domestic violence are tried under the statute covering the specific act, such as:
- Assault
- Assault by strangulation
- Sexual battery
- Rape
- Stalking
However, in the civil system, domestic violence refers to unlawful conduct by someone with whom the victim has a qualifying personal relationship. The conduct includes threats or actions that place victims in reasonable fear of injury or cause actual injury. Qualifying relationships include:
- Current or former spouses
- People of the opposite sex who have cohabitated
- Parties related by blood or adoption
- Two people with a child in common
- Two people who are former or current household members
- People of the opposite sex who have been dating
Persons fearing domestic violence can request injunctions from the civil court to help prevent abuse.
Domestic Violence Protective Orders and No-Contact Orders in North Carolina
Victims who have a qualifying relationship with an alleged abuser can request a Domestic Violence Protective Order (DVPO), commonly called a restraining order. A DVPO can require the targeted person to:
- Vacate a residence you share
- Surrender firearms
- Cease contact with you and your children
- Stay away from places you frequent
A targeted person who violates a DVPO is subject to criminal penalties.
If the victim is being stalked or harassed by someone outside the definition of a domestic abuser, a different type of restraining order, called a No-Contact Order is available.
Penalties for domestic assault and/or battery
Domestic violence offenses are charged as assault and battery crimes under North Carolina law. Therefore, an assault that results in serious injury would be charged as a Class F felony, which can result in a sentence of almost six years in prison. If an abuser chokes a victim without causing serious injury, that’s assault by strangulation, which is classified as a Class H felony, and punished by 39 months in prison.
However, many domestic violence cases amount to simple assault or simple battery. First time offenders may face no jail time at all, but could be required to pay a fine, serve probation, enter a program for substance abuse or anger management and/or pay restitution. There is also the possibility of deferred prosecution, so charges might be dropped after completion of a program.
Domestic assault and battery defense tactics
Whether you are facing criminal charges or have been served with a restraining order, you deserve your day in court and a chance to clear your name. Many domestic violence charges are dropped due to lack of evidence, especially when there is no visible injury. Our experienced team challenges the case against you, as we work diligently to secure the most favorable outcome possible.
Contact our North Carolina criminal defense lawyers regarding domestic violence charges
The Carolina Law Group, led by Tommy Kellis, helps North Carolina clients fight domestic violence charges and civil protection orders. Please call 252-636-3737 or contact us online to schedule a consultation at our New Bern or Morehead City location.
