Stanley Domestic Violence Lawyer

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Stanley Domestic Violence Attorney

In North Carolina, individuals accused of domestic violence offenses are aggressively prosecuted. Domestic violence typically involves people who reside in the same residence or are past or current domestic partners, family members, or have another type of relationship. Whatever charges you might be facing, a Stanley, NC, domestic violence lawyer at The Law Firm of Brent D. Ratchford can answer any questions you may have and work aggressively to build a strong defense on your behalf. To ensure the best possible defense, it’s important to consult with a Stanley Criminal Defense lawyer who can guide you through the legal process.

What Is Considered Domestic Violence in NC?

In North Carolina, domestic violence charges occur when an alleged assault occurs between people with a personal connection, including:

• People in a romantic relationship
• Married couples
• People who were in a past romantic relationship
• Parents who share a child, whether or not they were ever married or lived together
• Two people in a past domestic partnership who previously lived together

Domestic violence actions typically include:

• Putting someone in fear of ongoing harassment or severe bodily injury
• Actions that torment, terrorize, or terrify another
• Committing a sexual crime, such as rape or sexual assault
• Causing or trying to cause severe bodily injury

What Types of Non-Violent Offences Are Part of Domestic Violence Cases?

Domestic violence cases do not always involve physical harm, but non-violent acts are still considered abuse and can negatively impact a victim. Non-violent domestic violence cases can involve the following:

• Communicating a threat of violence
• Stalking
• Cyberstalking
• Violating a protective order in a domestic case
• False imprisonment, meaning intentionally restricting someone’s movement without consent
• Kidnapping
• Harassment
• Manipulation

This is not a complete list of all potential non-violent domestic violence acts. If you need help, contact an attorney to further discuss your individual circumstances.

What Types of Acts in Domestic Violence Cases Are Considered Violent Offenses?

In Stanley, North Carolina, the types of offenses that are considered violent offenses in domestic violence cases are crimes that include the threat of force or use of force against property or a person. Violent domestic violence crimes include:

• General assault
• Assault with a deadly weapon
• Assault on a female
• Assault resulting in serious bodily injury
• Strangulation

Regardless of the type of case, a knowledgeable North Carolina domestic violence attorney can assist throughout your experience with the criminal justice system.

What Is a 48-Hour Domestic Violence Hold?

You may have heard about a 48-hour hold. This means that 48 hours is the legal maximum amount of time law enforcement can hold a defendant in custody for domestic violence charges before they appear before a judge in district court. If the accused defendant doesn’t appear in front of a judge within 48 hours, then the court can determine conditions for release, and the defendant can bond out of the situation.

The 48-hour rule begins at the time of arrest, and during that time, the accused typically has to follow these conditions:

• They can’t be near the alleged victim (such as at school, work, or home)
• They can’t threaten or harass the alleged victim
• They can’t damage any of the property of the alleged victim
• They can’t consume any alcoholic beverages or illegal drugs
• They must abide by any changes to their visitation rights to their child (if applicable)

An attorney can further discuss this issue.

Why Do I Need to Hire a Domestic Violence Defense Attorney?

Facing domestic violence charges can be overwhelming and can result in serious consequences. You can face jail time and significant fines, and the outcome can negatively affect your personal and professional reputation.

It’s important to hire a skilled Stanley criminal defense attorney for your case, as they can provide the following services:

• Address the bond requirements for your case
• Work to try to dismiss the charges or have them reduced
• Identify weaknesses in the prosecutor’s case
• Negotiate on your behalf

If you or a loved one is under investigation or facing domestic violence charges, a North Carolina attorney can be invaluable in your domestic violence case and can help positively resolve the charges.

FAQs

Q: Is There a New Law for Domestic Violence in Stanley, NC?

A: North Carolina enacted a new law related to domestic violence, which now considers domestic violence a Class A1 misdemeanor. The new law, North Carolina General Statute § 14-32.5, applies in several situations, including:

• Attempting to use or using physical force against another
• Threatening to use a deadly weapon
• The accused has a pre-existing relationship with the victim, including being a former or current spouse, guardian, parent, or someone with whom the victim shares a child

Q: What Is the Penalty for a Domestic Violence Conviction in NC?

A: In North Carolina, the penalty for a domestic violence conviction may vary from case to case, depending on the circumstances involved. The criminal consequence includes possible jail time for up to 150 days as a Class A1 Misdemeanor, which is the most severe classification of any misdemeanor charge pursuant to NC law. If you’re facing charges after an arrest, an experienced attorney can further discuss the potential criminal consequences if you are convicted.

Q: Can My Domestic Violence Charges Be Dropped in North Carolina?

A: In North Carolina, domestic violence charges can only be dropped under specific circumstances. The victim of domestic violence cannot drop the charges directly, as this decision rests with the prosecutors handling the case. There are specific steps to take to determine whether your charges can be dropped, and a well-informed attorney can discuss your circumstances and options with you.

Q: How Long Does a Domestic Violence Conviction Stay on My Criminal Record in North Carolina?

A: Unfortunately, a domestic violence conviction generally stays on your permanent criminal record indefinitely in North Carolina. Convictions for these cases are usually considered ‘non-expungable’ since the state doesn’t allow erasing a criminal record for most violent crimes, which includes convictions for domestic violence. A conviction can impact a background check since many entities can access this information. An attorney can address your permanent criminal record.

Consult a Stanley, North Carolina Attorney With Experience Successfully Defending Domestic Violence Matters

A criminal law defense attorney can protect your freedom and rights in a domestic violence case. If you were accused of any type of domestic violence crime, the team at The Law Firm of Brent D. Ratchford can zealously defend your case. Contact our office right away to set up a consultation so that you can take the steps toward rebuilding your life.