No matter the level of the offense, domestic violence is always a serious criminal charge. You have the right to defend yourself against the charges and make the prosecutor prove every element. The system may seem like it is stacked against you, but you can hire a Winston-Salem domestic violence lawyer to protect your legal rights.
Law enforcement may try to speak with you and gather evidence, and you may not know your legal rights. Any moment where you are unrepresented poses a major risk for you. Our criminal defense lawyers in Winston-Salem will protect your rights.
At McMinn, Fradin, Gray & Logan, we have decades of experience representing our clients.
North Carolina Laws About Domestic Violence
In addition to domestic violence charges, prosecutors may also pursue related underlying offenses, such as assault, stalking, communicating threats, or harassment. The domestic relationship between the parties can affect how the case is handled and the conditions imposed by the court.
North Carolina law considers the following to be domestic violence:
- Attempting to cause or intentionally inflicting injury
- Putting the victim or a member of their household or family in fear of imminent serious bodily injury
- Continued harassment of the victim that rises to such a level as to inflict substantial emotional distress
If you are unsure whether your charge could be considered domestic violence, contact our Winston-Salem domestic violence attorney. After reviewing your case, we will outline your defense options.
Who Is Charged With Domestic Violence
Domestic violence can be committed against a number of people.
You could be charged with domestic violence when the following people are involved:
- A spouse
- A domestic partner
- Persons who have been in a relationship, whether presently or formerly
- Persons who have lived together, whether presently or formerly
- Parents and their adult children
- Someone with whom you have a child in common
Upon conviction, your punishment would largely depend on whether you have been charged with a felony or a misdemeanor. Oftentimes, your Winston-Salem domestic violence lawyer can get involved early in your domestic violence case and influence the prosecutor’s decision about how to charge you for the alleged offense.
For a free legal consultation with a domestic violence lawyer serving Winston-Salem, call (336) 485-4907 today
How Domestic Violence Punishment Is Determined
Here are some factors that the prosecutor may consider when deciding how to charge an alleged domestic violence offense:
- Whether there was bodily injury and the extent of it
- Whether there were prior reports of abuse by the defendant
- Whether the defendant has a criminal record or any prior convictions for domestic violence
- Whether there were weapons involved in the alleged offense
Domestic Violence Penalties in North Carolina
The penalties for domestic violence depend on the specific charge, the seriousness of the alleged conduct, the defendant’s criminal history, and whether aggravating factors are present. Our Winston-Salem domestic violence attorneys will explain your penalties.
Some of the potential consequences of a domestic violence conviction include:
- Jail or prison time
- Probation with strict conditions
- Fines and court costs
- Mandatory domestic violence treatment or counseling
- Community service
- No-contact orders or protective orders
- Restrictions on possessing firearms under state and federal law
- A permanent criminal record that may affect employment, housing, and professional licensing
An allegation of simple assault involving a spouse, partner, family member, or someone you have a personal relationship with is often treated as a misdemeanor. However, the charges can become much more serious depending on what allegedly happened.
If the case involves serious injuries, strangulation, a weapon, repeated incidents of abuse, or an alleged violation of a protective order, prosecutors may pursue felony charges. A felony conviction can lead to much tougher penalties, including years in prison.
A domestic violence conviction can affect much more than the sentence ordered by the court. It may impact child custody or visitation, create immigration issues for non-citizens, affect military service, and make it harder to get or keep certain professional licenses. Even if it’s your first offense, a conviction can have lasting effects on your finances, career, and personal life.
Winston-Salem Domestic Violence Lawyer Near Me
(336) 485-4907
Domestic Violence Restraining Orders in North Carolina
In North Carolina, a person who claims they have been the victim of domestic violence may ask the court for a Domestic Violence Protective Order (DVPO), often called a restraining order or a 50B order. These court orders are intended to provide immediate protection and can place significant restrictions on the accused, even before a criminal case is resolved.
Depending on the circumstances, a Domestic Violence Protective Order may:
- Prohibit all contact with the protected person
- Require the accused to leave a shared home
- Award temporary possession of a residence or vehicle
- Address temporary child custody or visitation
- Require the surrender of firearms
- Restrict communication by phone, text message, email, or social media
- Order other relief the court believes is necessary to protect the alleged victim
Violating a protective order is a separate criminal offense and can lead to additional charges, arrest, fines, probation, or jail time. Even accidental or indirect contact may result in serious legal consequences if it violates the terms of the order.
Our domestic violence attorneys in Winston-Salem will protect your rights.
Strong Defense Strategies for a Domestic Violence Charge
No two domestic violence cases are exactly alike, so the best defense depends on the specifics of your case. Our criminal defense attorneys take the time to examine every detail of the case. From there, we develop a defense strategy focused on protecting your rights and pursuing the best possible outcome.
Common defense strategies in domestic violence cases may include:
- False allegations: Demonstrating that the accusations were fabricated or exaggerated, often during a divorce, custody dispute, or other personal conflict.
- Self–defense: Showing that you used reasonable force to protect yourself from an imminent threat of harm.
- Defense of another person: Arguing that your actions were necessary to protect someone else from injury.
- Lack of evidence: Challenging whether the prosecution has enough credible evidence to prove guilt beyond a reasonable doubt.
- Inconsistent witness statements: Highlighting contradictions between witness accounts, prior statements, or physical evidence.
- Insufficient proof of injury or assault: Arguing that the evidence does not establish that a criminal offense occurred.
- Mistaken identity: Showing that the wrong person was identified as the alleged offender.
Police often err on the side of arresting someone when they are called to the scene of a domestic dispute. They have a limited amount of time to assess the situation and the credibility of the person complaining. Police are often worried that the failure to do something may come back to hurt them in the future, especially if something does happen.
Therefore, they may arrest first and ask questions later. Many of the details then end up being sorted out as the prosecutor decides whether and how to charge the defendant. Our domestic violence lawyers in Winston-Salem closely inspect police conduct in every criminal defense case.
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Call Our Domestic Violence Attorneys in Winston-Salem
When you have been charged with domestic violence, you may face a stigma in the legal system. While every individual is equal in the eyes of the law, and you have legal rights, it seems like there is often a rush to convict people accused of domestic violence. However, facts matter in these cases, and you have your own right to have your side of the story heard.
You should hire a Winston-Salem domestic violence attorney early in the process. Otherwise, the criminal justice system can overtake you in a rush to judgment. Call today to schedule a confidential consultation.
Call or text (336) 485-4907 or fill out our Free Case Evaluation Form to get started
