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What Legal Challenges Can You Face if Charged With Domestic Violence in North Carolina?
Domestic violence charges can be devastating in many ways for the accused. In addition to concerns about serious legal ramifications for a conviction, including incarceration, fines, and probation, defendants often worry about the potential social implications of a domestic abuse accusation. Mounting a strong defense against domestic violence charges is crucial to protecting your freedom, upholding your reputation, and safeguarding your future prospects.
If you are facing domestic violence charges, it is essential to consult with a knowledgeable North Carolina domestic violence defense attorney who deeply understands the state’s laws and the effects they could have on your case. By carefully evaluating your circumstances, your lawyer can develop a customized defense strategy that could help you reach the best possible outcome for your case.
How is Domestic Violence Addressed Under North Carolina Law?
North Carolina law defines domestic violence broadly, encompassing various acts. According to N.C. Gen. Stat. § 50B-1, domestic violence includes the following actions against a person with whom the accused has a personal relationship:
- Attempting to cause bodily injury
- Intentionally causing bodily injury
- Placing a victim in fear of imminent serious bodily injury or continued harassment
- Committing certain sex crimes against a protected individual
The law specifically covers both acts and threats of harm, emphasizing that both physical violence and non-physical forms of abuse fall under this definition.
The scope of “personal relationships” in North Carolina’s domestic violence law is also extensive. It includes:
- Current or former spouses
- Persons of the opposite sex who live together or have lived together
- Parents and children
- Grandparents and grandchildren
- Persons who have a child in common
- Current or former household members
- Persons of the opposite sex who are in a dating relationship or have previously been in a dating relationship
The state’s broad definition allows the law to address domestic violence in various familial and intimate contexts, recognizing that abuse can occur in many types of close personal relationships beyond just married couples or cohabitants. However, because many situations can potentially fit the state’s description of domestic violence, minor disputes between individuals may rapidly escalate into serious legal issues that require a careful defense strategy.
What is the “No-Drop” Policy and How Can it Affect a Case?
Incidents between individuals who have a close relationship can arise from complex circumstances and emotions, and sometimes, the aggrieved party may wish to change their mind about pressing charges. However, under North Carolina’s “no-drop” policy, prosecutors are required to pursue domestic violence cases even if the alleged victim expresses a desire to drop the charges. Once a domestic violence case is referred to the prosecutor’s office, the decision to proceed with or dismiss the charges lies solely with the state.
The state recognizes that victims of domestic violence may face pressure or intimidation to withdraw charges, and this law aims to remove that burden from the victim. As a result, prosecutors in North Carolina will typically continue with a case based on the available evidence, even if the victim becomes uncooperative or recants their initial statement. The “no drop” policy can significantly impact defense strategies, as a defendant cannot rely on victim recantation or non-cooperation as a primary means of getting charges dismissed.
How Can a Domestic Violence Protective Order Complicate Defense Planning?
Another crucial aspect of North Carolina’s domestic violence laws that affects defense strategies is the state’s approach to Domestic Violence Protective Orders (DVPOs). A judge can issue a DVPO if they determine that an act of domestic violence has occurred. These orders can have far-reaching consequences, including:
- Requiring the defendant to leave a shared residence
- Prohibiting contact with the alleged victim
- Mandating the surrender of firearms
Violations of DVPOs carry serious criminal penalties, including potential felony charges for repeat offenses.
No-contact provisions can limit the defense’s ability to investigate the alleged victim’s claims or gather exculpatory evidence, so the defense may need to rely more heavily on third-party witnesses or documentary evidence. The existence of a protective order can also influence plea bargaining strategies as prosecutors may be less willing to offer favorable plea deals if a protective order is in place, viewing it as evidence of the victim’s ongoing fear. Defense attorneys may need to carefully navigate challenging the necessity of the order without appearing to disregard victim safety concerns.
How Can Accused Individuals Defend Themselves From Domestic Violence Charges?
While special consideration must be given to the unique challenges posed by North Carolina’s domestic violence laws, it can still be possible to mount a robust defense to accusations of domestic abuse. Every case is unique, and any defense strategy must be carefully tailored to meet the situation. However, the following are some of the most commonly utilized ways to fight domestic violence charges:
- Self-defense: Under North Carolina law, a person is justified in using force to defend themselves if they reasonably believe it is necessary to protect against imminent danger. This defense may be particularly effective if there is evidence that the alleged victim was the aggressor or if the defendant suffered injuries during the incident.
- Challenging the alleged victim’s credibility: This approach can involve highlighting inconsistencies in the victim’s statements, presenting evidence of motives to fabricate allegations (such as ongoing custody disputes or divorce proceedings), or demonstrating a history of false accusations. However, defense attorneys must use this strategy cautiously, as aggressive attacks on the victim’s credibility can backfire if not handled sensitively.
- Contesting the prosecution’s evidence: Alleged domestic violence incidents often happen in non-public spaces, so any evidence presented by the prosecution is vital to their case. Defense attorneys attempt to raise reasonable doubt about the prosecution’s version of events by questioning the reliability of witness testimony, challenging the authenticity or interpretation of physical evidence, or highlighting the absence of corroborating evidence.
How Can Our Experienced Lawyers Serve You?
North Carolina’s domestic violence laws significantly shape the landscape in which these challenging cases are tried. From the state’s broad definitions of domestic violence and personal relationships to its no-drop policy and approach to protective orders, defendants face a complex legal environment. Navigating this terrain requires a deep understanding of the applicable statutes, case law, and local court practices.
At Rowland & Yauger Attorneys & Counselors at Law, our experienced domestic violence defense attorneys understand the collateral consequences of a conviction can extend far beyond legal effects and may include impacts on child custody, relationships, employment, gun ownership rights, and more. We can provide exceptional representation and counsel by employing strategic defenses customized to your case and leveraging our trial-tested skills. Contact Rowland & Yauger Attorneys & Counselors at Law today at our Carthage 910-621-2991 or Asheboro offices 336-537-5547 to schedule a consultation.
