Speak with Our Criminal Defense Attorney Charlotte NC Residents Trust about Domestic Abuse Defense and Prosecution in North Carolina
Domestic violence is a truly unfortunate fact of life, and in most cases, neither of the parties really “wins.” The State of North Carolina and Social Services in Union County take allegations of domestic abuse very seriously. This is because there is so much potential for harm to occur, and because it too often goes unreported. Hence, there is a strong likelihood that, if the police are called, somebody will be arrested. Regardless of whether harm occurred or whether the prosecuting party is telling the truth, the police err on the side of caution. In any event, you will want to speak with a criminal defense attorney Charlotte NC at The Khan Law Offices as quickly as possible.
Domestic abuse happens where there is a domestic relationship and it is characterized as causing or intending to cause physical harm, bodily injury, severe emotional distress, or imminent fear of serious bodily harm.
Qualifying domestic relationships include: people who share children, spouses, ex-spouses, boyfriends or girlfriends, and, in some cases, same-sex couples and people who are cohabiting.
Prosecution of 50B Domestic Violence Restraining Orders
In North Carolina, one of the primary tools used to prevent future domestic violence is a civil protective order under North Carolina General Statute 50B. This document will prohibit certain types of contact between the parties involved. A protective order can be sought in the absence of corresponding criminal prosecution, but usually there are criminal charges involved. Types of criminal behavior that may warrant the filing of a 50B Protective Order are threats, stalking, harassment, child endangerment, assault or battery, and assault on a female. If you feel unsafe or have been threatened by a spouse or family member, you should contact a family or criminal defense attorney Charlotte NC to see if filing a protective order would be appropriate.
Defense Against 50B Domestic Violence Restraining Orders
If a person has a 50B Domestic Violence Restraining Order leveled against him, his property, home, vehicles, children, and freedom to hunt and carry weapons can be taken away, either temporarily, or, in some cases, for a substantial period of time, possibly exceeding one year. In addition, having a 50B filed against you and entered against you for one year can affect your ability to obtain or keep your employment. Our office has assisted law enforcement officials, employees and contractors of the Department of Homeland Security to keep their jobs, even after being served with a 50B Domestic Violence Restraining Order. If you have received notice of a 50B Protective Order that was filed against you, it is wise to speak with a lawyer right away. Responsive pleadings may need to be filed under strict time deadlines. Just because an order has been filed does not mean that you don’t have rights.
50C Civil No-Contact Orders
There are restraining orders, called 50C Civil No-Contact Orders, that do not involve qualifying domestic restraining orders. This is applicable for issues between neighbors and friends, or even for strangers in a stalking-type situation. For either prosecution or defense of this sort of case, you should not hesitate to get in touch with a criminal defense attorney Charlotte NC at The Khan Law Offices.
Talk to a Criminal Defense Attorney Charlotte NC
Whether you have been affected by or accused of domestic violence, there is help available. Bobby Khan is a criminal defense attorney Charlotte NC who has decades of experience defending and prosecuting domestic abuse cases. Call The Khan Law Offices today for a free consultation at 704-282-2155.