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Criminal Defense
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Personal Injury
Raleigh Domestic Violence Lawyer
Serving Wake County & Beyond
250+ Reviews and counting
Domestic violence charges in North Carolina can affect your freedom, your family, and your future. Schedule a confidential consultation with an experienced Raleigh defense attorney to discuss your case.
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A domestic violence accusation doesn’t just threaten your freedom—it can destroy your family relationships, career prospects, housing options, and reputation in the community. One moment of conflict can spiral into life-altering consequences if you don’t take immediate action to protect yourself.
At DeMent Askew Johnson & Marshall, our Raleigh domestic violence lawyers understand the legal, emotional, and personal challenges these cases present. With combined experience defending clients against domestic violence charges throughout North Carolina, we provide aggressive representation when everything you value is on the line.
North Carolina defines domestic violence under Chapter 50B of the General Statutes. According to N.C.G.S. § 50B-1, domestic violence means committing one or more of the following acts against an aggrieved party or minor child by a person with whom the victim has or has had a “personal relationship”:
The law specifically defines “personal relationship” to include:
Understanding these legal definitions is crucial—charges may apply even if you’ve never been violent before, even if no physical injury occurred, and even if you believe the incident was merely a misunderstanding.
In North Carolina, domestic violence protective orders (DVPOs, sometimes called restraining orders) come in several forms:
Under N.C.G.S. § 50B-3, a protective order may:
Violating a protective order is a serious offense under N.C.G.S. § 50B-4.1. The consequences include:
North Carolina also provides Civil No-Contact Orders under N.C.G.S. Chapter 50C for victims of:
These orders function similarly to DVPOs but don’t require a personal relationship between the parties. Violating a 50C order carries similar criminal penalties as violating a DVPO.
When police respond to a domestic violence call, they often make an arrest based on visible injuries, witness statements, or the victim’s account. Unlike other misdemeanors, domestic violence charges in North Carolina have special pre-trial release provisions, including:
The domestic violence court process typically includes:
Wake County has specialized domestic violence courts designed to handle these cases efficiently while providing resources to all parties involved.
Domestic violence penalties vary based on the specific charges and your criminal history:
Beyond these direct penalties, a domestic violence conviction can result in:
A domestic violence charge requires a strategic defense from a dedicated attorney with substantial experience in these cases. Our team at DeMent Askew Johnson & Marshall will:
When facing domestic violence charges in Raleigh, your choice of legal representation matters tremendously. Our firm offers:
If you’ve been accused of domestic violence in Raleigh or anywhere in Wake County, time is critical. Early intervention by a skilled attorney can make the difference between a dismissal and a conviction with lifelong consequences. At DeMent Askew Johnson & Marshall, we provide vigorous defense to individuals facing domestic violence allegations. We understand the unique challenges these cases present and work tirelessly to protect your rights, reputation, and future. Don’t wait to get legal representation.
Contact our office today to schedule a confidential consultation and learn how we can help with your domestic violence case.
Our law firm serves clients throughout Raleigh, Wake County, Durham County, Orange County, Carteret County, Chatham County, and Johnston County.
Wake County
Carteret County
Durham County
Orange County
Chatham County
Johnston County (Smithfield courthouse only)
No. In North Carolina, once charges are filed, only the prosecutor has the authority to dismiss the case. Even if the alleged victim recants or wants to “drop the charges,” the prosecutor may proceed based on other evidence such as police reports, photographs, 911 calls, or witness statements.
If a domestic violence protective order is issued against you, the court will likely order you to surrender all firearms, ammunition, and gun permits to the sheriff. Additionally, under federal law, a domestic violence conviction permanently prohibits firearm possession.
Domestic violence allegations can significantly impact custody determinations. Under N.C.G.S. § 50B-3(a1), when awarding custody, the court must consider whether the child was exposed to domestic violence and must prioritize the child’s safety. A history of domestic violence creates a presumption against awarding custody to the perpetrator.
A protective order may include provisions for supervised visitation. The court will consider multiple factors listed in N.C.G.S. § 50B-3(a1)(2) when determining custody and visitation arrangements, including whether the child was present during acts of violence and whether there’s a pattern of abuse.
Unfortunately, false allegations do occur, particularly during contentious divorces or custody disputes. Our attorneys know how to expose inconsistencies in testimony, lack of evidence, and motivations for false allegations. Additionally, N.C.G.S. § 50B-4.2 makes knowingly making a false statement to law enforcement regarding a protective order a Class 2 misdemeanor.
Criminal charges related to domestic violence may be eligible for expungement under certain circumstances, particularly if the case was dismissed or resulted in a not guilty verdict. North Carolina’s expungement laws are complex and depend on your specific situation and criminal history.
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