Henderson Domestic Violence Lawyer

Domestic violence is a delicate area of law. There are stringent laws in place to help prevent domestic violence and protect its victims, yet almost no rules exist to protect the rights of the alleged perpetrator. The burden of proof in a domestic violence case has the lowest standards of any criminal case. These cases are really hearings of credibility, in which it’s the victim’s word against the defendant.

Domestic violence criminal defense requires extensive legal knowledge and impressive litigation abilities. A qualified Henderson domestic violence lawyer at Scharff Law Firm is here to help if you’re facing domestic violence charges, 50B or 50C protective orders, or other restraining orders against you.

North Carolina Domestic Violence Laws

Many people don’t realize that in Henderson, North Carolina, law enforcement must act as they see fit on domestic violence calls, even if there was no actual act of abuse. If an angry girlfriend calls the police and alleges domestic violence – even if the circumstances of the argument don’t constitute this crime – the police may make an arrest. The victim may rescind her allegations and not wish for an arrest, but it’s no longer in her hands. Once someone calls the police, it’s in the hands of North Carolina law.

In North Carolina, the law defines domestic violence as one or more of the following acts against a spouse, minor child, or someone else in a shared personal relationship:

  • Intentionally causing bodily injury.
  • Attempting to intentionally cause bodily injury.
  • Putting the victim in fear of bodily injury or harassment to the extent that the fear causes emotional distress.
  • Sex-related crimes such as rape, child-related offenses, sexual battery, and other sexual offenses.

Domestic violence cases have special conditions compared to other violent crimes like assault cases. Domestic violence convictions can result in special prohibitive terms such as requiring the defendant to seek psychiatric treatment, rehabilitation, or counseling. The defendant may also have to attend drug treatment programs, abstain from consuming alcohol, and remain at home except for employment or school. The victim can petition the court for a protective order against the defendant, taking away the defendant’s rights to contact the victim, children, and anyone else on the order.

Common Defenses for Domestic Violence

The typical remedies for a domestic violence case in North Carolina are a 50B or 50C restraining order, and criminal penalties such as fines and jail time. A 50B instructs the defendant not to threaten, harass, or assault the plaintiff. It also subjects the defendant to immediate arrest. A 50C is a civil no-contact restraining order that instructs the defendant not to stalk the victim. One might take out a 50B against a spouse, whereas a 50C is more appropriate for a neighbor or coworker. Violating a restraining order can lead to being in contempt of court and potential incarceration.

With the right Henderson criminal defense attorney, it is possible to defend against domestic violence charges. At Scharff Law Firm, our diligent domestic violence lawyers will examine your case and decide the best defense for your situation. Potential defenses include you were acting in self-defense, the victim has falsely accused you, or that your actions did not constitute domestic violence. There are many potential motives for falsely accusing someone of domestic violence, especially in circumstances such as a divorce or custody battle. If someone has alleged domestic violence against you, retain Scharff Law Firm for superior legal help.

Consult a Henderson Domestic Violence Attorney at Scharff Law Firm

The legal team at Scharff Law Firm is committed to protecting innocent people from wrongful convictions. There are two sides to every domestic violence story. Let a compassionate Henderson domestic violence lawyer at our firm help you explain your side to the courts and reduce or remove the charges against you. Contact us online to request a free consultation about your case, or call our office at (919) 457-1954.