Lenoir Domestic Violence Lawyer

Lenoir, NC Domestic Violence Attorney

Domestic violence is a serious matter in Lenoir, NC. Regardless of the situation, no one should have to face violence of any kind in their home. Unfortunately, many people are victims of domestic abuse every day.

However, many people frequently use fraudulent domestic violence accusations as a tool for their legal agendas. False domestic violence accusations have the power to ruin someone’s life, separate them from their family, and end their career. Still, some people choose to use these accusations to get what they want in family law claims. This practice is illegal and harmful to all involved.

If you have been accused of domestic violence or have a protective order against you, it is imperative that you find a domestic violence lawyer right away. Domestic violence accusations do not mean that you are guilty, but they can affect your entire life. Taking legal action quickly and efficiently is the key to maintaining your reputation. It can also prevent the accusation from ruining your life.

The domestic violence attorneys at Helton, Cody & Associates, PLLC, are standing by to help you with your claim.

Helton, Cody & Associates, PLLC: Your North Carolina Domestic Violence Lawyers

Our firm has been specializing in both criminal defense and family law for many years. We understand that the intersection of these two areas is extremely disturbing and can cause significant emotional distress. We are here to make sure that you can tell the truth in court and help you prove that the accusations against you are false. No one should have to live with an unfair domestic violence conviction, and we are here to protect you.

We understand that navigating these cases when you are not a domestic violence victim is difficult. This is why our firm offers non-judgmental, compassionate legal counsel for each of our clients. Through our time in business, we have come to understand the complexity of these claims, giving us unique insight into your perspective. You can trust us to listen to your story and develop an effective argument in your favor.

For domestic violence defense in North Carolina, our team at Helton, Cody & Associates, PLLC, provides the best legal support in Burke, Catawba, and Caldwell counties.

What Is Domestic Violence?

Although many people have heard about domestic violence in the media, there are many details that the general public does not understand. If you are facing a domestic violence accusation, it is imperative that you understand the nature of the charges against you. This gives you the ability to prepare and defend against the accusation.

Domestic violence is abuse that occurs between close members of the same household. Although many people believe that this means only spouses, domestic violence can involve anyone who lives together. This can be between roommates, a parent and child, spouses, grandparents and grandchildren, and more.

There are many different types of domestic violence, including:

• Physical Abuse: This includes kicking, punching, biting, hitting, pushing, burning, etc.
• Emotional Abuse: This involves manipulation, put-downs, gaslighting, etc.
• Financial Abuse: For example, someone is withholding shared money.
• Sexual Abuse: Offenses include rape, trafficking, harassment, assault, exploitation, etc.

Because of the broad nature of domestic violence, every case is different. Our team approaches each client with an open mind to tailor our legal advice to your specific situation.

North Carolina law breaks down offenses in a unique way. It is important to understand the categories in the state if you are facing domestic violence accusations. Domestic violence charges in North Carolina are prosecuted under one or more of the following:

• Assault: Contrary to popular understanding, a simple assault describes threats of violence toward an individual.
• Assault and Battery: Assault and battery occurs when an individual threatens violence and then follows through on the threat.
• Assault in the Presence of a Minor: If the assault occurred in the presence of a child, the law may impose additional penalties on the perpetrator. This is intended to compensate for the psychological damage that they caused to the child.
• Assault of a Female: The state of North Carolina alters punishments based on the gender of the abuser. Although females who assault males will also experience punishment, there are additional charges when a male over 18 assaults a female.
• Choking and Strangling: Because choking and strangling are highly dangerous activities, they hold their own place in domestic violence charges.
• Stalking or Cyberstalking: Stalking occurs when an individual follows another individual in real life to assess their activities and potentially plan a further offense. When an individual follows another online without their knowledge or permission, they are “cyberstalking.”
• Sexual Assault and Battery: Sexual abuse in a domestic violence situation carries additional charges. It can also result in a lifetime on the sex offender registry.
• Protective Order Violations: Domestic violence victims may create a protective order or restraining order to ensure that their abuser stays away from them. If the alleged abuser violates the terms of this order, they may be put in jail and face further legal consequences.

The court may require additional punishment if you are found guilty of one of the above offenses.

Punishments for Domestic Violence

If convicted, there are serious penalties for domestic violence offenders. These punishments may include:

• Fines and restitution to the victim
• Protective orders preventing access to common locations
• Jail time

These punishments are separate from the unintended consequences of a domestic violence accusation. Many people who are accused of domestic violence lose their jobs, families, friendships, and reputations. This is why it is so important to fight the claim and clear your name.

It is important to note that domestic violence charges are separate from other criminal charges that may apply in your case. For example, if you are facing an accusation of domestic violence through sexual assault, you may face sexual assault charges as well as domestic violence charges. When violence occurs between members of a household, there are charges on top of the standard punishments for the crime itself.

Why Do I Need a North Carolina Domestic Violence Attorney?

If you have been accused of domestic violence, it is imperative that you do your best to avoid being found guilty. These accusations are extremely serious and can affect your entire life. You may face jail time, fines, and other punishments on top of the unintended social and professional consequences that will result from the accusation. The best way to fight these claims and clear your name is to work with an attorney.

Individuals who attempt to represent themselves in domestic violence defense scenarios often lose their claims. This is because most people lack the ability to properly refute claims in a court of law. Without the help of a lawyer, you will likely lose and face consequences for a crime you did not commit.

Be sure that the court understands your perspective by hiring an attorney.

Domestic Abuse FAQs

Q: Can a Domestic Violence Case Be Dismissed in North Carolina?

A: Domestic violence is a criminal case rather than a civil one. This means that the person accusing you of domestic violence does not have the power to drop the charges. However, if the state prosecutor discovers information that proves that you are innocent, they can drop the charges. Although this is possible, it is not common without the help of an attorney. If you want the possibility of having your charges dropped, you need to hire a lawyer.

Q: Can You Sue for Emotional Abuse in North Carolina?

A: Yes. Emotional abuse is recognized by the law and is a category of domestic violence. If you are being emotionally abused by someone in your home, you have the right to take legal action. To prove your case, you will have to provide evidence of the abuse, including voicemails, texts, notes, recordings, and more.

Q: Is Verbal Abuse a Crime in North Carolina?

A: Yes. Verbal abuse is still considered a form of abuse and can be compounded if it occurs in a domestic violence scenario. In fact, even the verbal threat of violence is considered abuse. Once a person acts on their threat, the offense becomes assault and battery rather than simple assault.

Q: Is Domestic Violence Criminal or Civil?

A: Domestic violence is a criminal act both in North Carolina and at the federal level. This means that the state will act as the prosecution in your case. This is distinct from a civil case where a citizen acts as the prosecution. The prosecution may drop the charges, but in criminal cases, this only occurs if there is significant evidence that the defense did not commit the crime at hand or if there is a mistrial.

Contact Helton, Cody & Associates, PLLC

The accusation of domestic violence can ruin everything you have worked for. When these accusations are used to achieve specific legal or political ends, the damage can be just as impactful and real. If you have been accused of domestic violence, it is important that you take action right away. Our team at Helton, Cody & Associates, PLLC, is here to help.

Contact Helton, Cody & Associates, PLLC, to learn more.