Criminal Defense Lawyer in Raleigh North Carolina: Understanding Domestic Violence Charges

Domestic Violence Defense Lawyer in North Carolina

What you think is just an argument can turn into something much more. Who knows what happened? A neighbor may hear raised voices and call the police. The police arrive and decide an argument ensued and so someone must be arrested for domestic violence. Domestic violence in North Carolina carries serious consequences when not addressed immediately. These consequences can be both civil and criminal. If you have been charged in Wake County with a domestic violence or related offense, it's imperative to contact a domestic violence defense attorney.

You have rights, and at Law Office of Sean P. Cecil, we are here to uphold your rights and defend any allegations made against you. Call us at 919-828-1456 x5 to schedule a Free today.

Domestic Violence in North Carolina

Domestic violence describes a range of harm committed in the context of a domestic relationship, usually between spouses, intimate partners, or relatives, but in some jurisdictions, it can also include roommates or other members of the household. Examples of physical acts that can arise from domestic violence include punching, hitting, slapping, or shoving. However, it could extend to other patterns of abusive behavior, like threats of violence, sexual abuse, emotional abuse, and financial abuse. 

Consequences of Alleged Domestic Violence in North Carolina

When a person is charged with a domestic violence offense, the court has the power to issue a protection order, also referred to as a  no-contact order. No Contact orders are often issued at the first court appearance in the case. When it comes to domestic violence, you can suffer certain consequences before a judge or jury has found you guilty and based solely upon a police officer's determination that probable cause existed to arrest you.

When a protection order is issued, it can result in two significant consequences, though there may be other penalties or restrictions imposed:

  1. It can restrict a defendant's contact with the victim and/or their children; and
  2. It can require the defendant to leave the family home.

A person subject to a protective order or convicted of a domestic violence offense is also prohibited from owning or possessing a firearm under federal law. 

Criminal convictions of any nature, but especially domestic violence offenses, can also impact a defendant's ability to find work or housing. Potential employers or landlords who run a background check may refuse an applicant with a domestic violence conviction. 

Penalties of Domestic Violence or a Related Criminal Conviction in North Carolina

The sentencing options for domestic violence offenses can vary.  Much of it depends on the severity of the allegations and any prior convictions. Generally, penalties can include but are not limited to:

  • Fines
  • Probation 
  • Domestic violence treatment or counseling programs 
  • Imprisonment

When sentencing an offender for a domestic violence offense, the court will take into account aggravating circumstances, like:

  • the level of injury sustained by the victim
  • whether a weapon was used or a child witnessed the crime
  • whether the crime violates an existing protection order
  • the personal characteristics of the victim, such as older age or pregnancy

The penalties for domestic violence offenses can quickly become harsher with subsequent convictions in North Carolina

Can Domestic Violence Charges Be Dropped in Wake County ?

Domestic violence charges can be dropped, but it is critical to know that they will not be dropped only because the alleged victim of the violence no longer wants charges brought against the alleged suspect. Charges are brought by the state, not by the affected person.

The same is true about the no contact order. Even if the victim no longer wants the protection order, the order remains in effect until a court lifts it. Any person who has a restraining order against them must abide by the order or risk further criminal charges and subsequent consequences. Violating a protective order is a serious offense.

Defenses to Domestic Violence Allegations in North Carolina

A person can defend against a domestic violence charge in North Carolina. However, the specific defenses available to a defendant will depend on the circumstances of their case. 

Some common defenses include:

  • Self-defense or defense of others, where reasonable force was used to prevent an attack
  • Lack of evidence, if the prosecution fails to present enough evidence to prove each element of the offense beyond a reasonable doubt
  • False allegations, where the victim has lied about what happened
  • Accident, where the defendant unintentionally caused the injury

A conviction for a domestic violence offense can have a long-lasting impact on many aspects of a defendant's personal life, including their personal relationships, parenting, and employment. It is always in your best interests to, at a minimum, consult with a domestic violence defense lawyer about any allegations.

Contact a Domestic Violence Defense Attorney in Wake County Today

If you've been charged with a domestic violence offense, you should speak to an experienced domestic violence defense attorney at Law Office of Sean P. Cecil immediately. We will listen to your version of events, assess the strength of the evidence against you, and advise you of any defenses that may be available to you. Fill out an online submission form or call us at 919-828-1456 x5 to schedule a free consultation.