Domestic Violence Defense in Wilmington

How We Approach Your Domestic Violence Case

When you come to us after an arrest, we start by listening carefully to your side of what happened and reviewing any paperwork you received from the magistrate or the jail. We then outline the immediate next steps in the process, such as upcoming court dates in the New Hanover County District Court or the Brunswick County District Court, and explain what you should and should not do while your case is pending. Our goal is to reduce the stress and uncertainty you may be feeling by giving you clear information about the path ahead and how we plan to defend you.

As Wilmington Domestic Violence Attorneys, we examine the evidence the state intends to use, including 911 calls, officer body camera footage, photographs, and medical records when available. We look for signs of self-defense, inconsistencies in statements, and whether the proper procedures were followed during your arrest or the execution of any search. In many cases, we also explore whether alternative resolutions, such as counseling or treatment-based options, may be available under North Carolina law to help protect your record and minimize long-term consequences while still addressing the concerns of the court.

N.C. Gen. Stat. § 50B-1 specifies intimate partners in the context of domestic violence as:

• current or former spouses;
• persons of the opposite sex who reside together or have resided together;
• persons of the opposite sex who are in or were in a dating relationship;
• parents, children, grandparents, and grandchildren;
• current or former household members. 

Be aware that convictions for domestic violence will remain on a defendant’s criminal record. According to N.C. Gen. Stat. § § 15A-1343(b1), 15A-1382.1, a judge may also order special terms of probation, including:

• medical or psychiatric treatment at a specified institution (if necessary);
• rehabilitation, counseling, treatment, training, or residence for people on probation;
• successful completion of a Drug Treatment Court Program;
• abstaining from consuming alcohol and submitting to continuous alcohol monitoring; and
• requiring the defendant to remain at home except for specified purposes, such as employment or school.

Understanding Protective Order Violations in NC

Alleged victims or individuals in fear of domestic violence have the right to petition for protective orders that can limit the defendant’s ability to contact them or be near them. If granted, these are court orders that must be obeyed, and they could include provisions like:

• granting one of the parties possession of the home and excluding the other from living there;
• awarding temporary child custody and visitation;
• prohibiting a party from threatening, abusing, or following the other;
• prohibiting a party from harassing the other by telephone, by visiting their workplace or home, or by other methods;
• prohibiting the defendant from buying a firearm during a specified period.

Any violation of a protective order constitutes a Class A1 misdemeanor, which is generally punishable by up to 60 days in jail. On the other hand, if the defendant enters the premises of a place marked as a safe place for the petitioner (such as their home), the defendant will be guilty of a Class H felony that can be punishable by several months in prison, depending on the person’s prior record level.

Additionally, note that if the defendant commits a felony while under a protective order prohibiting that activity, the felony will be punished one class higher than standard. However, under the following circumstances the violation may instead be punished as a Class H felony: 

• The felony is a Class A or Class B1 felony.
• The defendant has two or more prior convictions for a protective order violation;
• The defendant possesses a deadly weapon while violating a provision to stay away.

Understanding Your Legal Rights in Domestic Violence Cases

When facing charges related to domestic violence, it is crucial to understand your legal rights and options. Our experienced attorneys at Whitley Coleman in Bolivia, NC, are here to guide you through the legal process and ensure that your rights are protected.

Some important aspects to consider in domestic violence cases include:

• Understanding the charges against you
• Knowing your rights when interacting with law enforcement
• Exploring potential defenses and strategies for your case
• Navigating the court system and legal proceedings

Our team is dedicated to providing personalized legal representation and advocating for your best interests. Contact us today to schedule a consultation and discuss your domestic violence case.

People often have questions about what will happen at their first appearance in court, whether they can return home if there is a no-contact order, and how a pending case might affect work or custody arrangements. As Wilmington Domestic Violence Lawyers, we walk you through the local process step by step, explain what to expect at hearings in New Hanover and Pender County courts, and work with you to gather evidence, witness information, and other materials that can support a strong presentation of your side of the story.

Facing charges for domestic violence? Get the defense you need, by contacting the Wilmington domestic violence lawyers at Whitley Coleman online or calling (910) 218-9973 today.