Strong Defense in Domestic Violence (50B) Charges in North Carolina 

What Is Domestic Violence?

Domestic violence is defined as attempting to harm, intentionally causing harm, or putting someone in fear of harm or emotional distress. To qualify as domestic violence--so you can be eligible for consultation with a Charlotte domestic violence lawyer-there must be “personal relationship” between the aggressor and the victim.

“Personal relationship” means the parties:

• Are current or former spouses
• Are persons of the opposite sex who live together or have lived together
• Are related as parents (including stepparents) and children, or grandparents and grandchildren, except a parent or grandparent may not obtain a protective order against a child or grandchild under 16
• Have a child in common
• Are current or former household members
• Are persons of the opposite sex who are in or have been in a dating relationship

What is Considered an Act of Domestic Violence in North Carolina?

Acts considered domestic violence in North Carolina are: 

• assault
• causing bodily injury
• the willful infliction of physical pain or injury
• Verbal and emotional abuse, including:
• threats
• intimidation
• harassment

These actions are aimed at instilling fear or emotional distress in the victim. Additionally, the state recognizes sexual abuse within domestic relationships as a serious offense, encompassing non-consensual sexual acts and coercion. North Carolina law also considers stalking, whether in person or through electronic means, as a form of domestic violence. This includes unwanted attention or surveillance that causes a reasonable person to feel threatened or harassed.

Here at Miller Cushing Holladay we can provide you with an experienced, skilled, and dedicated domestic violence attorney in Charlotte, NC to help with your case. Call us today at (704) 810-1400 to schedule a consultation with a member of our team.

Commonly Asked Questions

What Are The Legal Protections Available For Victims Of Domestic Violence in Charlotte?

Victims of domestic violence in Charlotte can seek several legal protections, including:

• Domestic Violence Protection Orders: Court orders that can provide immediate protection. With an Order for Domestic Violence Protection, the aggressive party is prevented from contacting their victim in any way for up to one year. The Court can also award domestic violence victims the residence, child custody, financial aid, a vehicle, and/or attorney and court fees. 
• Temporary Custody Orders: If there are children involved, you can request temporary custody arrangements as part of the protection order.
• Emergency Shelter and Support Services: Access to safe shelters, counseling, and support services provided by local organizations.

To protect victims, North Carolina allows the issuance of protective orders, or restraining orders, which prohibit the abuser from contacting or approaching the victim. Violating these orders can result in legal consequences. It is crucial for individuals experiencing domestic violence to seek help as soon as possible. North Carolina provides resources such as domestic violence shelters, legal assistance, and law enforcement support to address and mitigate the impact of domestic violence on victims and their families.

What are the Repercussions If An Individual Violates an Order for Domestic Violence Protection?

If your abuser violates the terms of the domestic violence order of protection, they can face serious legal consequences including arrest and criminal charges for violating the order, which is considered a Class A1 misdemeanor in North Carolina. The violator may be subject to fines, jail time, and probation, and could be held in contempt of court. 

How Can I Get A Restraining Order For Domestic Violence In Charlotte?

To obtain a restraining order, also known as a Domestic Violence Protection Order (DVPO), you need to file a petition with the Charlotte-Mecklenburg County District Court. You must provide evidence of the abuse and describe why you need protection. You can request an emergency or temporary order, which will be in effect until your court hearing. 

What Are The Penalties For Domestic Violence In North Carolina? 

In North Carolina, penalties for domestic violence vary based on the severity of the offense. Misdemeanor charges can result in up to 150 days in jail and/or significant fines. More severe cases, especially those involving repeat offenses or serious harm, can be classified as felonies, leading to longer prison sentences and higher fines. Additional penalties may include mandatory counseling, probation, and extended license suspensions. Convictions also result in a permanent criminal record, impacting future employment and other aspects of life.

Protecting Your Rights in Domestic Violence Cases

At Miller Cushing Holladay PLLC, we understand the seriousness and complexity of domestic violence cases. Our experienced team of attorneys is dedicated to protecting the rights of individuals who have been affected by domestic violence in Charlotte, NC and the surrounding areas.

When you choose our law firm to represent you in a domestic violence case, you can expect:

• Compassionate and personalized legal guidance
• Thorough investigation and gathering of evidence
• Strong advocacy in and out of the courtroom
• Protection orders and restraining orders, if necessary
• Collaboration with local law enforcement and support services
• Strategic negotiation and litigation to achieve the best possible outcome

We understand the emotional and physical toll that domestic violence can have on individuals and families. Our team is committed to providing you with the support and representation you need during this difficult time.

Contact Our Charlotte Domestic Violence Lawyers - You Deserve to Feel Safe

Victims of domestic violence often fall into the cycle of abuse, tension building, making up/apology, the calm, and then back to the act of abuse again. You can stop the cycle of domestic violence by taking the first step to remove yourself or your abuser from the situation. 

You should implement a safety plan, which includes obtaining a domestic violence order of protection, or “restraining order”. Taking action and seeking the help from an attorney for domestic violence in Charlotte could save your life.

There are several community organizations that offer support to victims of domestic violence. When you are armed with the support of these community organizations and an attorney to represent you in your case, it is possible to feel empowered to overcome the cycle of abuse.