Domestic Violence Defense in Wilmington

N.C. Gen. Stat. § 50B-1 specifies intimate partners in the context of domestic violence as:

• current or former spouses;
• persons of the opposite sex who reside together or have resided together;
• persons of the opposite sex who are in or were in a dating relationship;
• parents, children, grandparents, and grandchildren;
• current or former household members. 

Be aware that convictions for domestic violence will remain on a defendant’s criminal record. According to N.C. Gen. Stat. § § 15A-1343(b1), 15A-1382.1, a judge may also order special terms of probation, including:

• medical or psychiatric treatment at a specified institution (if necessary);
• rehabilitation, counseling, treatment, training, or residence for people on probation;
• successful completion of a Drug Treatment Court Program;
• abstaining from consuming alcohol and submitting to continuous alcohol monitoring; and
• requiring the defendant to remain at home except for specified purposes, such as employment or school.

Understanding Protective Order Violations in NC

Alleged victims or individuals in fear of domestic violence have the right to petition for protective orders that can limit the defendant’s ability to contact them or be near them. If granted, these are court orders that must be obeyed, and they could include provisions like:

• granting one of the parties possession of the home and excluding the other from living there;
• awarding temporary child custody and visitation;
• prohibiting a party from threatening, abusing, or following the other;
• prohibiting a party from harassing the other by telephone, by visiting their workplace or home, or by other methods;
• prohibiting the defendant from buying a firearm during a specified period.

Any violation of a protective order constitutes a Class A1 misdemeanor, which is punishable by up to 60 days in jail. On the other hand, if the defendant enters the premises of a place marked as a safe place for the petitioner (such as their home), the defendant will be guilty of a Class H felony punishable by 5-6 months in prison.

Additionally, note that if the defendant commits a felony while under a protective order prohibiting that activity, the felony will be punished one class higher than standard. However, under the following circumstances the violation may instead be punished as a Class H felony: 

• the felony is a Class A or Class B1 felony;
• the defendant has two or more prior convictions for a protective order violation;
• the defendant possesses a deadly weapon while violating a provision to stay away.

Understanding Your Legal Rights in Domestic Violence Cases

When facing charges related to domestic violence, it is crucial to understand your legal rights and options. Our experienced attorneys at Whitley Coleman in Bolivia, NC, are here to guide you through the legal process and ensure that your rights are protected.

Some important aspects to consider in domestic violence cases include:

• Understanding the charges against you
• Knowing your rights when interacting with law enforcement
• Exploring potential defenses and strategies for your case
• Navigating the court system and legal proceedings

Our team is dedicated to providing personalized legal representation and advocating for your best interests. today to schedule a consultation and discuss your domestic violence case.

Facing charges for domestic violence? Get the defense you need, by contacting the Wilmington domestic violence lawyers at Whitley Coleman online or calling (910) 218-9973 today.