Domestic violence are crimes of violence or threats involving family members or former romantic partners. Domestic violence is treated very differently than other crimes. A separate courtroom is prepared for domestic violence issues, and only certain assistant district attorneys and judges work in this courtroom. In addition, there is always a victim witness coordinator. North Carolina law also treats crimes of domestic violence differently. Your right to own or carry a weapon, your ability to apply for certain jobs, your status in child custody court – all of these things and more could be affected by a conviction for domestic violence.
Don’t expect a case against you will get thrown out just because the other party doesn’t want to pursue prosecution. Criminal Domestic Violence court is not between two people. The State of North Carolina, with all its resources, will be prosecuting you to the fullest extent of the law. Do not walk in unprepared. Talk with us, and we can take you through the facts of your case and discuss all the issues.
If you have been served with a summons for a domestic violence protective order, please call us as soon as possible. This means a former domestic partner or family member has filed a restraining order against you. This type of restraining order is called a 50B and can affect where you are allowed to live, shop and go to church. A judge deciding a 50B restraining order can take away your car, your house and any weapons you own regardless of what licenses you may have to own them. Your rights can be taken away unless you appear in court. Because each of these cases is so different, it’s important to take time to speak with an attorney at NicholsonPham.
Violation of a Restraining Order
Orders of protection are issued by District Courts in North Carolina in order to provide separation between embattled domestic partners (NCGS 50B) or neighbors (NCGS 50C). The elements surrounding violation of a domestic restraining order are generally emotionally charged and involve complex relationship difficulties. Violation of a protective order in North Carolina can occur even when contact is initiated by the person for whom the order was meant to protect. Violation of a domestic protection order is the highest level of misdemeanor in North Carolina, and penalties for violation can include jail time. The criminal defense lawyers at NicholsonPham have a wide variety of experience in protecting clients where charges of violation of a restraining order are pending. Whether the order is relative to domestic violence or stalking, we can help you ensure your rights are protected.
If you are charged with a crime of domestic violence, make an appointment for a private consultation.