Iredell County Domestic Violence Lawyer
Have you been accused of committing domestic violence in North Carolina ? Has someone filed a 50-B protective restraining order against you? If so, you would benefit from contacting a Iredell County domestic violence attorney as soon as possible at Arnold & Smith, PLLC. Those convicted of domestic violence will have a criminal record and may face jail time and fines. The stigma of a domestic violence charge can last for a long time and have negative effects on a defendant.
The experienced domestic violence defense lawyers at Arnold & Smith, PLLC work hard to represent our clients through every step of the process. Contact the experienced Iredell County domestic violence defense lawyers at Arnold & Smith, PLLC to schedule your case evaluation.What Constitutes Domestic Violence in North Carolina?
North Carolina defines the crime of domestic violence as committing certain violent acts against a child or intimate partner. The defendant must commit one or more of the following acts against a person or child living with that person with whom the defendant has or had a personal relationship:
- Attempting to cause bodily injury, or intentionally causing bodily injury; or
- Placing the person or person's family in fear of imminent serious bodily injury or continued harassment; or
- Committing a sex crime against a person as defined by N.C.G.S. 14-27.2 through 14-27.7
The defendant must be or have been in a domestic relationship with the victim for the defendant to face domestic violence charges. The alleged victim and aggressor must have one of the following types of personal relationships:
- Current or former spouses;
- Current or former household members;
- Persons of the opposite sex who live together or have lived together;
- Persons who have a child(ren) together;
- Persons of the opposite sex who are in a dating relationship or have been in a dating relationship previously.
- Persons related as parents and children, including others acting in loco parentis to a minor child, or as grandparents and grandchildren;
At Arnold & Smith, PLLC, we have decades of experience defending North Carolina residents accused of domestic violence. We have represented clients in all of the following types of domestic violence matters:
- Spousal abuse
- Domestic assault
- Physical violence
- Child abuse, child endangerment, or child neglect
- Assault on a female
- Simple Assault
- Making harassing phone calls
- Communicating threats
- Criminal trespass
North Carolina law enforcement often tries to convince defendants to give a statement by making false promises. They may even coerce a defendant into giving a statement admitting guilt. When law enforcement seeks you out to discuss domestic violence charges, you should speak to a skilled lawyer as soon as possible.
No matter how advantageous it may seem to do what the police are asking you to do, you could cause yourself significant harm. The best action to take when being confronted by the police is to do nothing and say nothing until you speak to an experienced domestic violence defense lawyer.Defenses to Domestic Violence Charges in North Carolina
The area of domestic violence is not always black and white. Many domestic violence charges result from heated arguments inside people's homes. In the heat of the moment, otherwise responsible people can make poor decisions and lash out against loved ones. When law enforcement officials show up to investigate a domestic violence disturbance, they often need to make hasty decisions about whom to arrest.
Domestic violence occurrences often turn into "he said/she said" situations in which both parties blame the other. It can be difficult for law enforcement and prosecutors to charge the right person with domestic violence.
In many situations, both spouses or partners are at fault, and law enforcement only charges one person. We have experience making all of the following defenses to domestic violence charges:
- The defendant acted in self-defense
- The contact was reasonable, not physical violence or assault
- The defendant was letting off steam, not engaging in domestic violence
- The victim gave contradictory statements regarding the incident
- The victim is now disavowing or recanting his or her statement about the incident
- The testimony of the parties contradict each other
- The victim made up the charges for revenge or to gain another personal advantage
- The victim self-inflicted his or her injuries as a form of manipulation
- There is no corroborating evidence as to the victim's story of what happened
At Arnold & Smith, PLLC, we understand the complexities of domestic violence charges and we fight hard on our client's behalf.