Defending Those Facing Domestic Violence Charges in Wake County
In North Carolina, a domestic violence offense involves causing or attempting to cause harm to someone with whom you have a personal relationship. The state takes such crimes very seriously and will pursue anyone accused of violating the law aggressively. Because of this, if you've been charged, you could be facing severe penalties. To effectively fight charges and work toward a favorable outcome in your case, it's best to have a domestic violence lawyer from Floyd Law Offices PLLC on your side.
At Floyd Law Offices, we are ready to provide the aggressive defense you need to fight your domestic violence charge. Our Raleigh criminal defense attorney knows the law and the judicial process and has extensive trial experience. Building a solid strategy requires thorough preparation, and we'll dedicate the time and effort needed to do this effectively. Our lawyer, Chris Floyd, will comb through every detail of your situation and listen to your side of the story to present a compelling defense on your behalf.
Have you been accused of domestic violence? Call Floyd Law Offices PLLC today at (919) 805-3663 or contact us online to schedule a free consultation with our Raleigh domestic violence attorney.
What Constitutes Domestic Violence Under North Carolina Laws?
In North Carolina, if you cause bodily or psychological harm to a person you have a specific relationship with, you could be accused of committing domestic violence.
The law defines a "personal relationship" as the following:
People who are current or former household members
People of the opposite sex who are or were in a dating relationship
Domestic violence is not constrained to physical actions and can also encompass any manner of threats or coercive behavior intended to control or intimidate the victim. This is particularly relevant in familial settings where financial control or continual isolation can be used as a form of emotional and psychological abuse, though they may not immediately present as overt acts of violence.
The following types of conduct are considered acts of domestic violence:
Causing or attempting to cause bodily injury;
Making the person fear they are in imminent danger of serious bodily injury;
Committing a sexual offense, such as rape or sexual battery, against the individual; or
Harassing the individual to the point that it causes substantial emotional distress
What are the Penalties for Domestic Violence in North Carolina?
North Carolina does not have a specific law prohibiting criminal conduct against an individual you have a personal relationship with. Rather, domestic violence crimes are charged under the statute for the act you allegedly committed. That means the penalties you face are those attached to the offense you're accused of, and you could be ordered to prison time and/or fines.
In domestic violence cases, the judge has the discretion to order additional sanctions. You may have to participate in such things as counseling, treatment, or rehabilitation, among others.
The severity of the penalties can be magnified by the presence of aggravating factors. For instance, repeated violations of restraining orders, the use of weapons during the offense, or cases involving minors may result in enhanced charges and additional judicial recommendations. Understanding the full scope of potential legal consequences is crucial for anyone facing domestic violence allegations.
Our Raleigh domestic violence lawyer understands the life-altering consequences that can result from a conviction, which is why we will explore every legal avenue to spot holes in the prosecutor's case and challenge the accusations made against you.
What are the Long-Term Consequences of Domestic Violence?
Domestic violence charges can have serious consequences that can impact your personal and professional life. It is important to fully understand the potential ramifications of these charges and how they can affect you.
Some of the consequences of domestic violence charges in North Carolina include:
Restraining orders: If you are charged with domestic violence, a restraining order may be issued against you. This can restrict your ability to contact the alleged victim and may require you to move out of your home.
Criminal penalties: Domestic violence charges can result in criminal penalties, including fines, probation, mandatory counseling, and even jail time.
Professional consequences: A domestic violence conviction can have a negative impact on your current job and future employment prospects. It may result in the loss of professional licenses or make it difficult to find employment in certain fields.
Child custody and visitation: If you are involved in a custody or visitation dispute, a domestic violence charge can significantly impact the court's decision. It may limit your ability to have contact with your children or result in supervised visitation.
Personal relationships: Domestic violence charges can strain personal relationships with family and friends. It may also affect your reputation within the community.
At Floyd Law Offices PLLC, our domestic violence lawyer in Raleigh is dedicated to helping clients understand the potential consequences they may face. We will work diligently to build a strong defense strategy tailored to your specific situation. Contact us today for a confidential consultation.
What If I'm Falsely Accused?
If you are falsely accused of domestic violence in North Carolina, it is important to keep in mind that the state takes these charges very seriously. Depending upon the facts and particular circumstances surrounding the alleged incident, there may be different steps that need to be taken to fight false accusations.
You should contact a qualified criminal defense attorney immediately and start building your defense strategy. It is also essential to remember that an individual who is charged with domestic violence in North Carolina could face jail time and hefty fines. Your domestic violence attorney will be able to explain what your options are and help you prepare for any possible court proceedings.
How Can a Domestic Violence Attorney in Raleigh Help You?
Having an experienced lawyer by your side is important for ensuring that you have all of the support and guidance that you need during this difficult time. Your attorney will be able to answer all of your questions and provide you with important legal advice to help protect your rights and your future.
A domestic violence lawyer can help you in the following ways:
Provide objective legal guidance: Your lawyers will provide you with objective legal advice that will help to ensure that your rights are protected. It's also important that you know all of your legal options and the best route to take for a favorable outcome.
Evaluate your charges: It's important to have a professional examine your charges so that you have an objective perspective of your situation. This way, your lawyers will be able to properly advise you on the next best steps to take.
Obtain important evidence: Your lawyers will have the skills and experience necessary to collect evidence to support your case.
Offer emotional support: Your attorney can work as a powerful support system for you during this time. Knowing that you have a lawyer by your side who has helped many other individuals in your situation can help to alleviate stress and offer you the emotional reassurance that you may need.
Protect your rights and your reputation: It's important to have an experienced lawyer by your side to help guide and support you through each step of the process. Your attorney will help prevent you from making costly mistakes that may hurt your future as well as your reputation.
Represent you: In the situation that your case gets taken to court, your attorney will provide you with fierce representation. Your attorney is essentially your best advocate, who will go above and beyond to protect you, your rights, your future, and your reputation.
Don’t let a domestic violence charge define your future. Speak with a dedicated Raleigh domestic violence lawyer today. Call (919) 805-3663 or message us online for a free consultation and immediate guidance.
What is the Impact of Restraining & Protective Orders?
Under North Carolina, Code 50B, alleged domestic violence victims can seek additional protections in these types of matters by petitioning for restraining orders. If it's granted, you could be limited on where you can go and where you can live. If you have children, you might lose custody of them. In some cases, if a judge determines that the alleged victim is in imminent danger of harm, they can issue a temporary order without having heard your side of the story.
Before a permanent domestic violence protective order is granted, you will be scheduled for a hearing, where you will have a chance to challenge the claims made against you. Our Raleigh domestic violence attorney can help develop a compelling case to fight back against the request for the order.
Restraining orders not only immediately affect your freedom of movement and association but can also have far-reaching consequences for your professional and personal life. Employment opportunities may be jeopardized, and personal relationships could be strained or permanently damaged. It's important for individuals facing such restrictions to understand their rights and the legal steps available to contest these orders effectively.
How Do We Protect Your Rights in Domestic Violence Cases?
Domestic violence cases can be complex and emotionally charged, and it is crucial to have a knowledgeable and experienced domestic violence lawyer on your side to protect your rights. At Floyd Law Offices PLLC, our team is dedicated to providing compassionate and aggressive representation for individuals facing domestic violence charges in Wake County and throughout North Carolina.
Our domestic violence attorney understands the laws and procedures surrounding these cases and will work tirelessly to build a strong defense on your behalf. We will advocate for your rights in court, negotiate with prosecutors, and strive to achieve the best possible outcome for your case.
Whether you are facing allegations of domestic violence or need assistance with a restraining order, our team is here to help. today to schedule a consultation and learn how we can assist you in navigating the complexities of domestic violence cases.
FAQ About Domestic Violence Defense in Raleigh
What should I do immediately after being accused of domestic violence?
If you are accused of domestic violence in Raleigh, it's critical to avoid confrontation with the accuser and refrain from making any statements to law enforcement without legal counsel present. Documenting your whereabouts and collecting any evidence that could support your innocence, such as messages or call records, is advisable. Contacting a seasoned domestic violence lawyer from Floyd Law Offices immediately can help protect your rights and build a strategic response to the charges.
How can I defend against a false accusation of domestic violence?
Defending against a false accusation involves building a strong case that challenges the validity and context of the claim. Your lawyer can assist in gathering evidence such as witness testimonies, documented communications, and any records that demonstrate your account. Additionally, understanding the accuser's potential motives may be relevant to your defense. Early legal intervention is crucial in these circumstances to prevent escalation.
Is counseling mandatory after a domestic violence arrest in Raleigh?
Counseling or intervention programs may be mandated by the court in Raleigh, depending on the details of the domestic violence case. These programs aim to educate individuals about healthy relationship dynamics and anger management. Demonstrating willingness to participate in such programs pre-emptively can sometimes positively influence judicial proceedings. Consulting with your attorney can shed light on the most strategic approach to these requirements.
What role do prosecutors play in a domestic violence case?
Prosecutors are responsible for proving the charges against you beyond a reasonable doubt. They decide whether the evidence presented by law enforcement is sufficient to proceed with a case. Engaging with a skilled defense attorney early in the process is vital. Your attorney can negotiate with prosecutors to potentially reduce or drop charges before trial, depending on the strength and presentation of your defense.
Contact Our Domestic Violence Attorney Today
At Floyd Law Offices, we understand that being charged with domestic violence can be a frightening and stressful experience. Your reputation, future, and rights are on the line, and the outcome of your case is unknown. When you retain our services, our Raleigh domestic violence lawyer will provide personalized legal counsel from start to finish. We'll be here to answer your questions and give updates on your case.
