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What To Do If You’ve Been Charged With Domestic Violence

Domestic violence charges and restraining orders can turn your life upside down. Manning Law Firm understands how difficult navigating this can be. That’s why we put together this overview of domestic violence charges in North Carolina, and what to do if you have a domestic violence protective order placed against you.

How Does NC Define Domestic Violence?

NC General Statutes define domestic violence as the commission of one or more of the following acts upon an aggrieved party by a person with whom the aggrieved party has or has had a personal relationship. NC recognizes the following acts of domestic violence:Intentionally causing bodily injury

  • Intentionally causing bodily injury
  • Attempting to cause bodily injury
  • Placing someone’s family or household in fear of bodily injury or continued harassment
  • Committing a sexual offense
  • Placing someone in fear of continued harassment
  • Conduct that torments or terrifies a person

Relationship to Victim

Domestic Violence charges are dependent on the relationship between the accused and the victim, including:

  • Spouse (current or former)
  • Related to you (parents, children, grandparent, grandchild)
  • The parent of your child
  • Household member (current or former)
  • A person you are in a romantic relationship with
  • A person of the opposite sex who lives with you (current or former)

DV Victim Protection

Under NC law, domestic violence victims have the right to seek legal protection in the form of civic orders, or domestic violence restraining orders (DVPOs or 50B orders), including:

  1. Emergency Order:  The first type of protective order is an emergency order, which protects those who are in immediate danger.
  2. Protective Order: The second type is a protective order, which serves to prevent harmful acts of violence over a longer period of time.

Violating A Domestic Violence Protective Order

When a domestic violence protective order is in place, it is a civil court case. However, if an order is violated, it becomes criminal in addition to the civil court violation. In order to keep your criminal record safe, you must ensure that you know the rules set in place for your order. Your lawyer’s job is to make sure you understand the protective order, which will help avoid being arrested for something you didn’t even know was wrong.  

What Constitutes a Violation of a Restraining Order:

  • Failure to move out
  • Sending a text when it is not allowed
  • Sending an email when it is not allowed
  • Calling when it is not allowed
  • Driving by a home
  • Failure to pay bills
  • Being in possession of a gun
  • Not completing a substance abuse program

What to Do if You Have Been Accused of Domestic Violence or Violating a DVPO:

There are serious consequences of being charged with domestic violence or violating a protective order in Raleigh and surrounding areas. However, you can fight the charges successfully with an experienced defense attorney. Take your charge seriously, as these crimes can severely impact your future.

Tips for Living With a DVPO Against You:

  • Make sure you are not reaching out to the person in any way. This includes texting, emailing and social media.
  • Avoid places that you share in common with the person so an accidental run-in is unlikely.
  • Keep the restraining order with you at all times in case you are ever questioned.
  • Only answer questions from police with a lawyer present, as anything you say can be held against you.
  • Contact your lawyer if you have any questions.  

We are Ready to Fight your Domestic Violence Charge

If you have been accused of domestic violence or violating a DVPO in North Carolina, you face life-changing circumstances that could impact your future. You need an experienced defense attorney to successfully fight your charge so that you can move forward. Contact the experts at Manning Law Firm immediately.

This article is intended for general information only. The information presented in this article should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.