If you are violent against someone who has a personal relationship with you, your action may constitute criminal domestic violence in this state. If you’re charged with domestic violence, you must contact an experienced Winston-Salem domestic violence defense lawyer immediately.
You’ll need to call LAWSMITH, the Law Offices of J. Scott Smith, at once. In North Carolina, you engage in domestic violence when you commit at least one of the acts listed here against someone who has a personal relationship with you or against that person’s minor child:
- attempting to cause intentionally or actually causing bodily injury
- placing a victim or a victim’s family or household member in fear of immediate bodily injury or continued harassment, if that fear causes significant emotional distress
- committing first or second-degree rape; any sex crime involving a child; any first or second-degree sexual offense; sexual battery; statutory rape or any sex crime involving a person 13, 14, or 15 years old; or intercourse and other offenses with particular victims
WHO IS A POTENTIAL VICTIM OF DOMESTIC VIOLENCE?
The criminal laws that address domestic violence are quite specific in North Carolina. The state’s domestic violence laws define a “personal relationship” as a relationship between two persons who are:
- spouses or ex-spouses
- individuals of the opposite sex who dated or currently date
- individuals of the opposite sex who lived together or currently live together
- parent or stepparent and child, guardian and child, or grandparent and grandchild
- parents of the same child
- former or current members of the same household
WE ALSO REPRESENT VICTIMS AND HANDLE MATTERS OF FAMILY LAW
When a victim is eligible for relief under North Carolina’s domestic violence laws, that victim may request from the court a Chapter 50-B “DVPO” (a domestic violence protective order or “restraining” order).
The attorneys at LAWSMITH handle family law cases as well as criminal cases, and we represent alleged victims of domestic violence as well as alleged perpetrators. We can request a Chapter 50-B DVPO on a domestic violence victim’s behalf.
State courts aggressively penalize DVPO violations, and the police in this state are required by law to make an arrest for every DVPO violation – no warnings or exceptions. If you’re accused of a DVPO violation, call LAWSMITH for the defense representation that you will need.
HOW DOES SENTENCING WORK IN CASES OF DOMESTIC VIOLENCE?
Convictions for crimes such as rape or assault and battery are punished harshly by North Carolina’s criminal courts. When such a crime also meets the definition of domestic violence, a judge may impose any of these special conditions when sentencing a convicted defendant:
- requiring the offender to have psychiatric or medical treatment
- requiring the offender to reside in a specific institution until that treatment is completed
- abstain from alcohol and submit to ongoing alcohol monitoring
- remain at home except for specific reasons such as school, work, or treatment sessions
These aren’t the only consequences that domestic violence offenders can face. If you are convicted of domestic violence, you can also lose your right to possess a firearm. Additionally, future background checks into the offender’s criminal record will show that the offender was convicted of a crime of domestic violence.
HOW WILL A CRIMINAL DEFENSE LAWYER HELP YOU?
If you are charged with any crime that also meets the definition of domestic violence, you must speak with an experienced Winston-Salem domestic violence defense lawyer at LAWSMITH, the Law Offices of J. Scott Smith, immediately.
Our legal team will protect your rights and provide reliable guidance for the duration of the legal process. We fight aggressively for the truth and for the justice that our clients deserve. When you put your future in our hands, we will bring your case to its best possible conclusion.
HERE’S HOW TO CONTACT US
Call LAWSMITH at 336-306-8644 or use the contact form here on our website, and we’ll get back to you promptly. Your case is important to us. Our offices are in Winston-Salem at 250 Executive Park Boulevard, Suite 100, and in Greensboro at 204 Muirs Chapel Road, Suite 104.
LAWSMITH clients are provided with every professional consideration and courtesy. Don’t wait. If you need legal help regarding a crime of domestic violence, contact us immediately.