What Is Domestic Violence?
Domestic violence is defined as the commission of one or more violent acts, excluding self-defense, upon an alleged victim or minor child living with the alleged victim with whom you have or had a personal relationship.
These violent acts include, but are not limited to, the following:
- Attempting to cause bodily injury or intentionally causing bodily injury
- Placing the aggrieved party or a member of the victim party's family or household in fear of imminent serious bodily injury or continued harassment
- Committing any of the following sex-related crimes: first or second-degree rape; sexual offense with a child; first or second-degree sexual offense; sexual battery; statutory rape or sexual offense of a person 13, 14, or 15 years old; or intercourse and sexual offenses with certain victims
What Does the Law Consider a "Personal Relationship"?
The law outlines a “personal relationship” as two people who are:
- Current or former spouses
- Persons who live together or have lived together
- Related as parents and children, including others acting in loco parentis to a minor child, or as grandparents and grandchildren
- Have a child in common
- Current or former household members
- Persons who are in a dating relationship or have been in a dating relationship
Domestic Violence Takes Many Forms
If you are facing a charge of this nature, it can be for any of the following, or a combination of, the following reasons:
- Domestic assault
- Domestic criminal trespass
- Communicating threats
- Stalking
- Cyberstalking
- Harassing phone calls
- Violating restraining orders
- Simple assault
- Assault on a female
- Battery of an unborn child
Penalties for Domestic Violence in North Carolina
Being convicted of a domestic violence charge in North Carolina can have serious consequences, which could include anything from:
- Anger management classes
- Community service
- Fines
- And incarceration
A conviction could also mean you become the subject of a restraining order or are no longer able to see your children. Without a committed Wilmington domestic violence attorney, these devastating consequences could become your new reality.
Understanding Your Legal Options
Dealing with domestic violence allegations can be a complex and overwhelming experience. It's important to understand your legal rights and options when facing these charges. Our experienced domestic violence attorney in Wilmington, NC can provide you with the guidance and support you need to navigate the legal process.
Some of the legal options available to you may include:
- Seeking a protective order or restraining order
- Negotiating a plea bargain
- Defending yourself in court
- Exploring alternative dispute resolution methods
It's crucial to have a knowledgeable and compassionate attorney on your side to help you make informed decisions and protect your rights throughout the legal proceedings. Contact our Wilmington domestic violence lawyer today to discuss your case and explore your legal options.
How a Wilmington Domestic Violence Lawyer Can Help
A domestic violence attorney provides invaluable assistance and support to those facing domestic violence charges. They not only navigate the complex legal system but also ensure that their client's rights are upheld and protected throughout the entire process. A domestic violence lawyer understands the intricacies of domestic violence laws and uses this knowledge to build a robust defense strategy.
Here are some of the key services that a domestic violence attorney provides:
- Legal Counsel: They offer legal advice tailored to the specifics of the client's case, helping them understand their rights and options.
- Representation in Court: They represent their clients in court hearings, ensuring they receive fair treatment.
- Case Preparation: They gather and analyze evidence, interview witnesses, and prepare compelling arguments to challenge the charges.
- Negotiations with Prosecution: They negotiate with the prosecution to possibly reduce charges or penalties.
- Protection Order Proceedings: They handle any proceedings related to protection orders, whether the client is seeking to have one lifted or is defending against one.
- Family Law Matters: They manage any related family law matters, such as child custody or divorce proceedings.
- Emotional Support and Referrals: They provide emotional support and can refer clients to counseling or support groups if needed.
Defenses for Domestic Violence in NC
In North Carolina, several defenses can be used to contest domestic violence charges, each depending on the circumstances and evidence. An arrest for domestic violence can result in significant penalties, including jail time, restraining orders, and a criminal record. Common defenses include:
- Self-Defense: If the accused acted to protect themselves from imminent harm, self-defense may be an option. For this defense to apply, the force used must be proportional to the threat posed by the other person.
- Defense of Others: Similar to self-defense, this argument applies when the accused intervened to protect someone else, such as a child. The accused must show that their actions were necessary to prevent harm.
- False Allegations: In some cases, accusations may be fabricated or exaggerated, sometimes as a result of underlying issues such as custody battles, divorce disputes, or personal grievances. Providing evidence that the allegations are false can lead to a dismissal of charges.
- Lack of Evidence: If the prosecution lacks sufficient evidence or relies on inconsistent testimony, the defense may argue for a reduction in charges or dismissal.
A skilled Wilmington domestic violence defense attorney will carefully assess the specifics of the case and work to build a strong defense to protect the rights of the accused.
Local Support and Resources for Domestic Violence Cases in Wilmington, NC
Living in Wilmington, NC, we understand the unique challenges our community faces regarding domestic violence. The local government and various organizations are committed to providing support and resources to those affected. For instance, the New Hanover County Sheriff's Office and the Wilmington Police Department are key entities that work tirelessly to ensure the safety and well-being of our residents.
One of the significant pain points for individuals in Wilmington dealing with domestic violence allegations is the fear of losing custody of their children. The New Hanover County Courthouse often sees cases where child custody is a critical issue. Our team is well-versed in navigating these complex situations and protecting parental rights.
Another common concern is the potential for false accusations, which can be particularly damaging in a close-knit community like Wilmington. Whether these allegations arise from personal vendettas or misunderstandings, they can severely affect your personal and professional life. Our firm is dedicated to thoroughly investigating these claims and presenting a robust defense to clear your name. We also recognize the importance of local support networks.
Organizations such as the Domestic Violence Shelter and Services, Inc. provide essential services to those in need, including emergency shelter and counseling. While we do not partner directly with these entities, we can guide you to the appropriate resources to ensure you receive comprehensive support.
At The Wagoner Law Firm, P.L.L.C., we are deeply rooted in the Wilmington community and committed to addressing our clients' specific needs and concerns. Our understanding of local dynamics and resources allows us to offer tailored legal strategies that resonate with the unique aspects of living in Wilmington, NC. Contact us today to discuss your situation, and let us help you navigate this challenging time.
Contact Our Wilmington Domestic Violence Lawyer Today
Don't let trumped-up or exaggerated domestic violence charges ruin your life. Our Wilmington domestic violence attorneys know how serious these charges can be and are ready to provide a strong legal defense to ensure your rights are protected. Reach out to our experienced team today to discuss your situation and your options for moving forward.
Contact The Wagoner Law Firm, P.L.L.C., today to get started on your defense with our domestic violence attorney in Wilmington, NC. Give us a call at (910) 400-8285.
