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Domestic Violence

Have You Been Charged with Domestic Violence?

Media has helped increase the awareness of domestic violence, leading to  more strict law enforcement. Courts likewise are striving to put offenders behind bars while seeking the strictest penalties available. Domestic violence is defined as the knowing and willful attempt to cause harm to a person with whom you have a personal relationship. member.

According to North Carolina General Statutes § 50B-1, a personal relationship is defined as two people who are:

  • Current or former spouses
  • Persons of the opposite sex who live together or have lived together
  • Related as parent and child (including persons acting as a parent to a minor child) or as grandparents and grandchildren
  • Parents of the same child
  • Current or former household members
  • Persons of the opposite sex who are in or were in a dating relationship

Frequently there are no witnesses in these cases, as the incident in question takes place between people in a home they share. As a result, proving a domestic violence charge can be difficult, especially if no prior incidence are on record. Incidents of supposed domestic violence often happen in the heat of the moment, and can even be used as a weapon. Many times, the accuser makes an accusation and subsequently asks to withdraw it. Once a charge of domestic violence is made the accuser no longer has that choice–it is the hand of the prosecutor. As a result, it is important you contact an experience attorney to represent you. You cannot remedy your situation by talking to the accuser. If you are facing charges, you can get a free consultation with an experienced criminal defense attorney by calling (919) 833-5555.

Domestic Violence Sentencing

When the crime fits the definition of domestic violence, a judge may impose special conditions when sentencing the defendant. The accused’s criminal record will show a crime involving domestic violence. Additionally, the judge may impose special terms of probation, including any of the following conditions that:

  • Require the defendant to undergo medical or psychiatric treatment
  • Attend or reside in a facility that provides rehabilitation, counseling, treatment, training, or residence for people on probation
  • Successfully complete a Drug Treatment Court Program
  • Abstain from consuming alcohol and submit to continuous alcohol monitoring
  • Require the defendant to remain at home except for specified purposes, such as employment or school

Experienced Domestic Violence Defense in Raleigh

The domestic violence defense attorneys at DeMent Askew understands the severity of your situation and are committed to offering you the best protection possible. Every possible defense will be explored following a consultation sharing the particulars of you case. You’ll get straight answer as to what you can expect. While no one can guarantee the outcome of your case, you can count on our experience to get the best results possible.