While cases of domestic violence are serious and carry heavy consequences, accusations are often exaggerated or arise from misunderstandings rather than true threats. There are various factors that dictate how a claim of domestic violence will play out and its important to have a seasoned Raleigh domestic violence attorney by your side.
If you have been falsely accused of domestic violence, you may be wondering what you did wrong or how you could have done things differently. Though it might be tempting to speak to investigators and prosecutors because you have nothing to hide, you should always consult a domestic violence defense attorney first. The prosecution and law enforcement officials will be building a case against you. Anything you say may be taken out of context in legal proceedings and could end up hurting your case.
The attorneys at Scharff Law Firm in Raleigh are experienced North Carolina defense attorneys. We work hard on the domestic violence charges that come through our doors in an effort to resolve family disputes as quickly as possible. These cases are often emotional and can complicate the lives of everyone involved, including children.
Domestic violence cases can leave individuals without a home and court ordered to stay away from people they love. Timeliness in these cases is vital, as court proceedings may initiate in as little as one week. Our Raleigh domestic violence lawyers are dedicated to working through those first critical hours with you to ensure your case is well prepared for the preliminary hearing.
Domestic Violence Arrests
If you are arrested for domestic violence in North Carolina, you may face 48 hours in jail before being allowed to post bond. Immediately after release, it is common to be restricted in your daily life for the duration of your case. You may be court ordered to stay away from certain areas and from your loved ones.
Refrain from speaking about your case when you are arrested and during the time you spend in jail. The information may be used by the prosecution later on. As soon as possible, begin evaluating defense attorneys. Securing attorney representation early on is important for building your defense increasing the likelihood that the charges will be reduced or dismissed.
Defining Domestic Violence
You may think of domestic violence as an act of physical violence between spouses. This is often the case, but not always. Domestic violence can happen between anyone in a personal relationship, whether spouses or related family members or roommates. The crime can occur without anyone being harmed, too. If a person has reason to believe that bodily harm is imminent, a domestic violence charge may be filed.
Forms of domestic violence include:
- Intent to kidnap
- Intent to harm
- Causing physical harm (assault)
- Committing a sex crime (rape, battery, etc.)
- Child abuse
Those who are convicted of a domestic violence charge in Raleigh could face probation sentencing or prison time. Convictions have longer lasting consequences, too. You may face difficulties in gaining employment and you may lose your right to ever own a firearm.
You don’t have to face wrongful accusations alone. An experienced domestic violence lawyer in Raleigh, NC will be more than your legal counsel. Our attorneys believe that everyone has a right to be heard. We serve as compassionate advocates to our clients so we can help them get through a difficult time with as little pain as possible.
We’ve helped victims of domestic abuse charged with the very crimes they have been subjected to, without notice in the legal system. We also welcome those seeking protection from violence or prosecution. Whatever your situation, we’re ready to help you proactively address your case.
Contact our domestic violence attorneys for a free consultation and to learn more about the legal process surrounding domestic violence in North Carolina.