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If you have been accused of domestic violence or a 50-B protective restraining order has been filed against you, you need an experienced domestic violence defense lawyer in Greensboro, North Carolina. Domestic violence charges range from misdemeanors to felonies. Regardless of the charge, being accused of domestic violence can be life-changing.
Some prosecutors and judges feel that domestic violence can be a prelude to other violent crimes, including assault and battery, rape, manslaughter and even murder. For this reason, the courts come down hard on domestic violence. You need a Greensboro domestic violence lawyer from Schlosser & Pritchett to help you avoid conviction and any long-term consequences.
If police receive any hint that spousal abuse or violence may be involved in a domestic dispute, they will make an arrest. Once law enforcement actions have begun, they are hard to stop. Remember, the prosecution can proceed with a Domestic Violence charge even if the victim does not want to press charges.
Definition of Domestic Violence
In 1979, the North Carolina General Assembly enacted the Domestic Violence Act, Chapter 50B, to deal with the growing problem of domestic violence. This statute protects a wide spectrum of possible victims of domestic violence:
Under this statute any act which attempts to cause or intentionally causes bodily injury is domestic violence. Any act which places a person in fear of "imminent serious bodily injury" by threatening the use of force is also domestic violence. Acts constituting first or second degree rape of first or second degree sexual offense under our criminal code are clearly acts of domestic violence.
Types of North Carolina Domestic Violence Actions
Potential Consequences of North Carolina Domestic Violence
Domestic violence charges may be treated as minor misdemeanors that may result in probation and/or anger management classes, or may be treated as serious felonies that may entail substantial state prison time. The severity of the punishment depends on the factors surrounding the events that may have taken place during the alleged commission of the domestic violence crime. Such factors include the seriousness of the injuries involved, the necessity of hospitalization, whether self-defense was used, prior criminal history as well as other factors including the particular courthouse's policy on sentencing for domestic violence offenses.
Once someone is accused of domestic violence the court will most likely order an emergency protective order (valid for 10 days) keeping the defendant (you) away from the alleged victim. When you are formally charged with domestic violence, chances are your charge will be an assault charge.
A conviction will lead to a longer term protection order. The domestic violence protective order does more than keep you away from the alleged victim, it can also:
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These protective orders are good for one year at which time they can be
extended further.
If you violate any of the provisions of a 50-B protective order, you could
be arrested and jailed. You may be held in jail without bond in a domestic
violence case for many hours until the judge decides to hear your matter.
You may lose your vehicle, be prevented from seeing your children, or barred
from living in your home. The experienced domestic violence attorneys at
Schlosser & Pritchett know how to negotiate a client's timely release
and the most favorable resolution of a 50-B proceeding.
Schlosser & Pritchett – Seasoned Greensboro Domestic Violence Lawyers
Domestic violence is a damaging crime to have on your criminal record because it will forever alter your reputation. Employers, members of the community or anyone else who may look into your background will never really know if you were innocent or just been defending yourself. Instead, they will simply be informed of the domestic violence conviction and stereotype you as a spouse beater. That is why the expert Greensboro domestic violence attorneys at Schlosser & Pritchett will work tirelessly in order to minimize the damage and do everything possible to avoid a domestic violence conviction.
Do not make a statement to any law enforcement officer before you have spoken to a lawyer who can protect you and your rights. An attorney can also discuss with you the advisability of continuing to associate with your domestic partner, spouse or girlfriend. In some cases, continuing this situation creates a serious risk.
Schlosser & Pritchett have represented both men and women in domestic violence cases. Some of our defenses may include, but are not limited to:
If you are accused of domestic violence, Schlosser & Pritchett we will fight tirelessly for you, represent you, and defend you against any wrongful accusations.