Violence within an intimate relationship or in a domestic setting can cause irreparable damage to a family. It can also place a person accused of domestic violence in legal trouble and grappling with long-term consequences. With the assistance of a Belmont domestic violence defense lawyer, you stand a chance of successfully handling a domestic violence accusation made against you.
The Law Firm of Brent D. Ratchford represents clients in Belmont and other Gaston County communities facing domestic violence accusations. We understand that there is more than one side to the story. We work tirelessly to help you clear your name. If you’ve been charged with a serious offense, a criminal defense attorney in Belmont can provide the strong legal support you need to protect your future.
Domestic violence (DV), or intimate partner violence (IPV) as it is often referred to, is an incident or pattern of abuse, either physical, emotional, or verbal, that occurs between individuals in an intimate relationship. This can include economic abuse, isolation, intimidation, as well as threat of or actual use of physical violence.
A national study published by the CDC in 2024 found that 41% of women and 26% of men had suffered from sexual and physical IPV, as well as stalking. There are nearly 10 million individuals affected by domestic violence across the United States every year.
For those facing domestic violence allegations, a simple accusation can unravel a plethora of consequences, including complicating an existing or future child custody case, driving a wedge between your family, and losing access to your home if a protective order is issued.
There are also legal implications related to a domestic violence accusation. Under North Carolina law, a person can be charged with domestic violence against an individual or the child of a person (the aggrieved) with whom they share or shared a personal relationship, such as in these cases:
Domestic accusations can also be made by a former or current household member.
Penalties for domestic violence in North Carolina can include up to 60 days in jail and a fine of $200 for a first-time offender convicted of a domestic violence misdemeanor.
From the moment you are accused of domestic violence, even if a charge has not been levied against you, you are highly advised to contact a dedicated criminal defense lawyer in your area, particularly one with deep knowledge of domestic violence statutes and penalties. When you work with an attorney, they can assist you in multiple ways.
The odds are stacked against you if there is credible evidence that you have committed assault or other forms of domestic abuse against a current or former intimate partner, co-parent, or household member. A skilled attorney can help build a strong defense against the domestic violence charge by introducing mitigating factors, including showing that an accusation is false or that you were acting in self-defense if that was the case. These strategies are especially important in cases involving assault crime defense in Belmont, where the consequences of a conviction can be particularly severe.
Beyond building a strong defense, an attorney can represent you in front of law enforcement and prosecutors during the various stages of the legal process. They take care of the administrative aspects of your case so you can focus on your well-being.
In a study conducted in 2020 on the impact of wrongful accusations on a defendant’s psychological health, it was found that 23 out of 30 study participants, over 75% of those surveyed, experienced symptoms of depression and thoughts of self-harm. A defense attorney can take care of the tedious aspects of your case so you can avoid added emotional distress.
A seasoned attorney handling your domestic violence case in Belmont can help you avoid further complications by advising you about what not to do during the legal process, such as contacting the alleged victim.
How much a lawyer costs for a domestic violence case depends on multiple factors. During an initial consultation, a criminal defense attorney can provide more insight into their fee structure and the likely cost of representation. Legal fees may vary from one attorney to another based on their location and years of practice. The complexity of the case is also likely to dictate the attorney’s cost.
The new charge of domestic violence is misdemeanor domestic violence. This new statute, G.S. 14-32.5, was effective as of December 1, 2023. It defines domestic violence as occurring within specified personal relationships, including dating relationships and household members. It also makes it a Class A1 misdemeanor to use, threaten to use, or attempt to use physical force or a deadly weapon against someone a person has a personal relationship with.
To beat a domestic violence charge in NC, you should provide evidence challenging the domestic violence allegations. Depending on the details of your case, you may be able to prove that you acted in self-defense. Additionally, it is possible to demonstrate that the allegations are false. Working with a knowledgeable domestic violence lawyer can help you achieve the optimal result in your case.
A domestic violence protection order (DVPO) or a “50(B) order,” as it is often referred to, can be issued against a perpetrator of domestic violence in North Carolina. This court order requires the person named to avoid contact with a victim of domestic violence. North Carolina courts can issue a DVPO for up to a year at a time, and a person can be arrested on the spot for violating this order.
You do not have to handle a domestic violence charge on your own. With the support of a skilled Belmont domestic violence lawyer from The Law Firm of Brent D. Ratchford, you stand a fighting chance. We are located 10 miles away from Belmont in Gastonia. Schedule a consultation to discuss your case.