Domestic Violence Lawyer In Raleigh, North Carolina
Helping North Carolina Families Navigate Domestic Violence Claims
If you are the victim of domestic violence or face accusations of domestic violence, you need protection. Domestic violence occurs when a victim is assaulted, harassed, threatened, stalked, or interfered with by an abuser. Obtaining a domestic violence order of protection, or “restraining order,” can keep you safe from your abuser and often affects custody rights.
Dealing with domestic violence charges might be one of the most stressful legal situations you can face. You may feel ashamed, embarrassed, or even confused about why you’re facing domestic abuse charges. An NC domestic violence attorney can explain your charges and help you find a favorable solution.
Whether you are a domestic violence victim or are facing criminal charges related to domestic abuse, you may benefit from immediate assistance from an NC domestic violence lawyer. At Gantt Family Law, our domestic violence lawyers can assist you in pursuing or defending these claims and advocate for the outcomes you desire in your case.
Contact our Raleigh/Durham domestic violence lawyers right away at (919) 737-7161 for help understanding what constitutes domestic violence and navigating this sensitive situation.
What Are North Carolina’s Domestic Violence Laws?
Under North Carolina General Statutes Chapter 50B, domestic violence occurs when there are two people in a personal relationship and one person commits any of the following against the other person or their child:
- Intentionally causing or intending to cause bodily injury
- Committing sexual abuse, assault, or rape
- Placing the party or member of the family or household in fear of imminent serious bodily injury
- Continued harassment that rises to the level of inflicting substantial emotional distress
Domestic violence requires a personal relationship between the abuser and the victim. In North Carolina, a personal relationship is one where the parties involved:
- Are current or former spouses
- Are currently in a romantic relationship, or were in the past
- Currently live together or did in the past
- Are related as parent and child or as grandparent and grandchild
- Have a child in common
- Are members of the same household, or were at one time
At Gantt Family Law, we have extensive knowledge surrounding family domestic violence cases. If you have any more questions, you can always reach out through our contact form. We can listen carefully and compassionately to your story and can work tirelessly to protect you and your loved ones. You can count on our experienced domestic violence attorneys for excellent legal advice and representation.
What Are the Different Types of Domestic Abuse?
Domestic violence can take many forms. It’s important to understand what domestic abuse can look like to identify whether it is occurring and prevent further harm to victims. Understanding what constitutes domestic violence under North Carolina law can also help those fighting criminal charges related to abuse.
Some of the main types of domestic violence in North Carolina include physical abuse, emotional abuse, and sexual abuse. However, other types of abuse may result in legal action, such as harassment, stalking, and economic abuse.
Physical Abuse
Physical violence is the most easily recognizable form of domestic abuse. If a family member physically harms their spouse, former partner, or other household member, this may be considered domestic violence. Some examples of physical harm include hitting, kicking, choking, and pushing. Physical violence in the home or against a household member can lead to criminal charges that should be taken very seriously.
If you’re facing charges of physical abuse, contact legal professionals like those at our law firm right away. Domestic violence victims also have rights and may seek a domestic violence protective order for their safety and peace of mind.
Emotional Abuse
Emotional abuse is harder to detect than other forms of domestic violence. When the abuse reaches levels of harassment, the abuser may be charged in North Carolina. The use of threats, manipulation, and insults to demean and control others, when causing substantial emotional distress, can constitute domestic abuse. If you are a victim of emotional abuse in the Raleigh area, please call our Raleigh/Durham domestic violence lawyers right away. We can also assist those facing harassment charges.
Sexual Abuse
Sexual assault, rape, and other sexual acts without consent are criminal acts in North Carolina. When a person commits a sex crime against a household member, they may face even more severe charges of domestic violence. Our legal team is ready to protect your right to a life that is free from the harm and distress of sexual abuse. Our criminal defense lawyers also have extensive experience fighting for those charged with sexual assault.
How Do Restraining Orders Work in Raleigh, NC?
A protective order against a household member can provide peace of mind for victims of domestic violence. In North Carolina, a protective order against a spouse, former partner, or person with whom you have a child is known as a DVPO. If you don’t have a romantic or formerly romantic relationship with the person, you can still get a restraining order called a 50C order.
With an order for domestic violence protection in place, an aggressor cannot contact their victim for up to one year. Victims can receive shared home, child custody, child support, and attorney fees. At the same time, abusers can’t go near the victim’s home or work, they may also lose their right to own a firearm, and may face eviction from the shared home.
To obtain a protective order, you must prove that one of the following is true:
- The person caused or attempted to cause you physical harm
- The person caused you to fear imminent harm, such as by pointing a gun at you
- The person continually harasses you to the point of causing substantial emotional distress
- The person committed sexual assault against you
If you are the defendant and have a protective order placed against you, it is crucial to abide by the terms of the order. Sending a text or showing up at the plaintiff’s workplace may constitute a violation of the restraining order. You may face legal consequences even if the other person initiated the contact or invited you home. The only entity that can alter the protective order is the court.
Our domestic violence lawyers are ready to help you handle protective orders. We can help you seek orders to shield your family from harm or respond to wrongful protective orders if you are the defendant. Reach out to our law firm right away to learn more.
How Can a Domestic Violence Victim Lawyer Help Me?
If you are a domestic violence victim, you have certain rights under North Carolina domestic violence laws. However, it can be extremely difficult to fight for yourself when you are afraid for your safety. This is where domestic violence lawyers like those at Gantt Family Law come in.
Our Raleigh/Durham domestic violence lawyers understand the nuances of domestic violence laws in NC. We can investigate to uncover evidence supporting your version of events and can fight to protect your legal rights. We offer excellent legal representation in North Carolina courts, so you don’t have to bear this heavy burden alone. Above all, we provide emotional support throughout the difficult process of taking legal action against a household member who abused you.
Please let our experienced legal team help. We can identify the abusive situation, obtain temporary protective orders and permanent restraining orders against your violent or abusive spouse to prevent future harm, and help you seek the bright future you deserve.
What Should I Do if I’ve Been Accused of Domestic Violence?
Being accused of domestic violence can be shocking and terrifying. You may wonder why you’re facing criminal charges at all, or you may have made some mistakes and need help navigating the criminal process. When you are facing criminal prosecution for family law issues, please remember to stay calm and cooperate with the police. Running away from or fighting law enforcement officers can result in additional criminal charges.
You should also remember that, even when facing domestic violence charges, you have rights that must be respected. You have the right to understand why you’re being arrested. You also have the right to remain silent. We recommend that you not answer police officers’ questions until you’ve consulted with a criminal defense lawyer.
Finally, you have the right to legal representation from an attorney. Our team offers legal representation for individuals facing domestic violence charges. We are ready to protect your legal rights and help you navigate the complex North Carolina criminal justice system. We can coach you through answering questions during the police investigation so you avoid accidental self-incrimination. We can also represent you during negotiations and help you construct a strong defense that matches your unique case.
With so much at stake, you shouldn’t face this situation without guidance. Call us today to learn how we can help you fight your domestic violence charges.
What Are the Penalties for a Domestic Violence Conviction in North Carolina?
North Carolina takes domestic violence cases very seriously. State laws strictly prohibit harming or causing fear of harm among household members. If you engaged in simple assault, you may face misdemeanor charges and up to 60 days in jail. For individuals with prior convictions or who violate protective orders, more serious charges may occur. Multiple convictions, serious bodily injury due to strangulation, possessing a deadly weapon, and other factors may increase your charges to a felony that can lead to years in prison.
Additionally, a domestic violence conviction can result in negative consequences other than legal penalties. You may lose your right to bear firearms, your immigration status, professional licensing, and custody of your children. Individuals with a criminal record may also find it difficult to obtain housing and gainful employment. Finally, a domestic violence conviction can negatively impact your family and social life.
Call Gantt Family Law to fight your domestic violence charges and benefit from our criminal defense services.
Speak With One Of Our Domestic Violence Attorneys Now
If you are the victim of domestic violence or facing allegations of domestic violence, speak with a lawyer to protect yourself and your rights. An experienced, dedicated legal team like at our law firm can represent you with skill and compassion. We can offer emotional support throughout this challenging time.
At Gantt Family Law, our domestic violence attorneys have experience helping victims of domestic violence in Wake County, Durham County, Orange County, and the surrounding areas. We are ready to listen to your story and provide the legal representation you need.
Call (919) 737-7161 to speak with our knowledgeable, caring domestic violence attorneys today.
Disclaimer: Gantt Family Law’s legal articles are for educational purposes only and are not offered to provide legal advice. By reading our legal articles, you understand that there is no attorney-client relationship created between you and Gantt Family Law. Gantt Family Law’s legal articles do not constitute legal advice. You should not act upon any information provided herein without seeking advice from a lawyer licensed in your own state or jurisdiction. These legal articles should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction. Any and all use of the legal articles is at your own risk. The materials presented may not reflect the most recent legal developments, verdicts, or settlements. Gantt Family Law is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances.