When Dealing With Domestic Violence, You’ll Need A Strong Legal Team Because Judges And Prosecutors Take Domestic Violence Very Seriously
It may be surprising, but physical contact does not even have to be made for an assault to have occurred. Types of offenses that can be considered domestic violence include: assault, assault on a female, assault with a deadly weapon, and assault by strangulation. A person can be charged with any of these criminal offenses. The accused can be a current or former spouse, former intimate partner, someone they are dating or dated, current or former roommate, family member, children (whether by birth or adoption), or relative. Depending on the severity of the assault, it could be a misdemeanor or felony in serious cases.
There are two types of assault. The first involves a show of force or other overt act that puts another person in fear of being physically injured, even if no actual physical harm was done. This type of assault is the more obvious of the two because it usually involves one person physically striking another. It requires 1) Person A showing they have the ability to hurt or harm Person B; 2) Person B actually thinking it will happen, and 3) Person B in response doing something they normally would not do as a result of their concern they will be harmed.
The second type of assault is attempted assault. If you act like you’re going to swing a fist at someone and they jerk their head back in fear, hitting their head, an assault has arguably occurred. If you drive your car in someone’s direction, and they jump out of the way in fear, an assault has arguably occurred even if you did not intend to actually run them over.
For either type of assault, as long as the you intends to make good on the attempt, an assault has occurred. If you punch someone in the face, that is an assault. If you try to punch someone in the face and miss, an assault has still occurred. Some other examples include scratching, biting, kicking, throwing things at the other person, using a vehicle or other device to physically injure someone, etc.
When a person is accused of domestic violence, the other party may obtain a restraining order to keep them physically away. It can also grant the filing party temporary custody of the children, possession of a residence, and orders the accused to stop certain actions, which may include calling or texting the person. If a person has a domestic violence protective order levied against them, they may be required to pay the attorney’s fees of the accusing party. This can also be a major factor in a family law judge ordering the accused parent to pay child support and alimony in the case of separation or divorce.
Protective orders typically last for one year, but they may be extended if the court deems that the you continue to be a threat. A conviction related to domestic violence can result in a jail sentence, or even years in prison if the you are charged with a felony, depending on the severity of the case and the your record.
Simple Assault
Assault on a Female
Assault - Deadly Weapons
Assault by Strangulation
Assault with Intent to Kill
Assault with Pointing a Gun
Assault in a Secret Manner
Throwing Acid or Alkali
Malicious Maiming
Castration or Maiming
Female Genital Mutilation
Malicious Castration
If you have been accused of an assault or other crime of domestic violence it is extremely important to have the aid of an attorney with years of experience in defending against these types of offenses. The courts in North Carolina take domestic violence accusations very seriously and the penalties will follow you for the rest of your life, as these types of convictions cannot be expunged from your record. Contact our office to speak with one of our experienced criminal defense attorneys today.
Carolinas Medical Center
Domestic Violence 704-446-3999
Greater Charlotte Hope Line
National Hotline
1−800−799−SAFE(7233) or
TTY 1−800−787−3224