Domestic Violence Defense

Wilmington Domestic Violence Defense Lawyer

If you have been charged with a domestic violence offense in Wilmington, New Hanover County, or Pender County, you can defend yourself, and you do not have to do it alone. These cases move fast and are handled discreetly, so the first days matter. Charges like assault on a female and communicating threats, and 50B protective orders, all carry consequences that can follow you for years. Merritt Wagoner has guided people through these exact charges in North Carolina courts for more than 21 years, and he can tell you plainly where you stand and what to do next.

What these charges mean in North Carolina

In North Carolina, domestic violence is not one charge. It is a group of charges and court orders that involve someone you have a personal relationship with, like a spouse, a partner, a family member, or someone you live with. The most common ones are assault on a female, which is a misdemeanor that can only be charged against a man, and communicating threats, which involves a threat that a reasonable person would take seriously.

A 50B domestic violence protective order is different. It is a civil court order, not a criminal charge, but it runs alongside the criminal case and moves quickly. A judge can enter a temporary order within days, sometimes before you have even spoken to a lawyer. Once it is in place, it can keep you out of your own home, away from your children, and away from the other person.

These cases often start with a single phone call to the police and a story told by one side. What gets written down in those first hours can shape everything that comes next. That is why getting clear, honest guidance early matters so much.

What is at stake

A domestic violence charge reaches past the courtroom. Even before any conviction, a protective order or a no-contact condition can separate you from your home and your family while the case is pending. That alone can upend your daily life.

A conviction can carry consequences that last well beyond the sentence. Penalties depend on the specific charge, your record, and the facts, but a domestic violence conviction can affect your right to own a firearm, your job, your housing, and how you are seen by the people around you. Some of these effects do not go away when the case ends.

Because so much rides on the outcome, and because these cases are sensitive, discretion matters. Merritt handles domestic violence matters carefully and privately, from the first call forward. Your story stays between you and your attorney.

How Merritt guides you through it

You do not need to understand how any of this works before you reach out. That is Merritt's job. When you call, he listens to what happened, explains the charge in plain language, and tells you what the next few days look like, including what to do and what to avoid doing right now.

From there, he looks closely at how the case was built. He reviews the report, the timeline, and the evidence, and he pays attention to whether a protective order hearing is coming up fast, because those deadlines do not wait. He keeps you informed at every step, so you are never guessing about your own case.

Merritt practices in state court in New Hanover County and Pender County, where these cases are heard. He stands in front of the same judges most weeks of the year. When he tells you how a case like yours tends to go in those rooms, he is speaking from real experience in the courts where yours will actually be decided.

What this means for you

These cases move fast

A 50B protective order can be entered within days, sometimes before you have spoken to a lawyer. Early guidance protects your options.

Handled discreetly

Domestic charges are sensitive. Merritt handles them privately and carefully, from your very first call.

Consequences can last for years

A conviction can affect your firearm rights, your job, your housing, and your family long after the case ends.

Two parts, one problem

The criminal charge and any 50B order are connected. Merritt treats them as the single situation they really are.

Common Questions

Questions people ask before they call

I was just served with a 50B protective order. What should I do?
Read it carefully and follow it exactly, even if you believe it is unfair. Do not contact the other person, do not return to a place the order tells you to stay away from, and do not try to explain your side to them. Violating a 50B order is itself a crime and can hurt your case. Then call this office, because a hearing on the order is usually set within days and you want guidance before it.
What is assault on a female, and why was I charged with it?
In North Carolina, assault on a female is a misdemeanor that can be charged when a man over the age of 18 is accused of assaulting a woman. It does not require a serious injury, and the accusation can come from a single statement to police. Being charged is not the same as being convicted. Merritt can review what was actually reported and explain your options.
Can a domestic violence charge be dropped if the other person does not want to pursue it?
Not on its own. In North Carolina, the decision to go forward usually belongs to the prosecutor, not the person who made the report. That means a case can move ahead even if the other person changes their mind. This is one reason to involve a lawyer early rather than waiting and hoping it goes away.
Will a domestic violence conviction affect my right to own a gun?
It can. Certain domestic violence convictions and protective orders can restrict firearm rights under state and federal law, and the rules are detailed. Because this is one of the lasting consequences people worry about most, it is worth asking Merritt about your specific situation rather than guessing.
Do I have to move out of my home because of the charge?
Sometimes a protective order or a no-contact condition requires it while the case is pending, even though you have not been convicted of anything. Whether that applies to you depends on the order and the facts. Merritt can look at what has been entered in your case and explain what it actually requires of you.
How private is this? I do not want people to know.
Merritt handles domestic violence cases discreetly, and what you tell him is protected. He understands these matters are personal and reaches out to you the way you ask him to. Discretion is part of how this practice works, from the first call forward.
What happens when I call after hours?
The line is answered around the clock by Karen, an AI assistant for the firm. She can answer general questions about how the local courts work and take down your details so Merritt can call you back. Karen does not transfer calls, does not give legal advice, and does not quote fees. She schedules appointments and makes sure your message reaches Merritt.
Don't wait

The sooner Merritt is involved, the more he can do.

In a criminal case, time works against you. Reach out today by phone, text, or by booking a consultation.

The line is answered 24/7 by Karen, an AI assistant who schedules appointments and takes messages. She does not transfer calls or give legal advice or fee quotes.