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May 19, 2012 /24-7PressRelease/ -- Domestic Violence and Protective Orders
Domestic violence is a serious matter. Unfortunately, when an argument between a couple escalates and someone is charged with domestic violence, it can be difficult for police and prosecutors to piece together what actually happened. Under North Carolina law, domestic violence can be act committed by one person against a significant other, such as a spouse, household member or parents with a common child, and includes acts such as:
-Causing or attempting to cause a bodily injury
-Placing a significant other in fear of imminent serious bodily injury
-Committing a sexual offense such as rape
If an individual goes to district court and claims he or she is being abused, he or she may ask the court for a domestic violence protection order. A DVPO is a court document that tells an abuser he or she must stop all abuse or face serious legal consequences. Two types of protective orders are available in North Carolina:
-Temporary Protective Orders, which do not require the alleged abuser to be present at the court in order for the alleged victim to obtain one -- he or she needs only to convince the judge he or she reasonably feared imminent serious bodily injury. A temporary DVPO will generally last until a full hearing can be scheduled.
-Final Protective Orders, which require a full court hearing where the accused abuser can defend him- or herself. Final protective orders last up to one year, which can be extended with court approval.
How a DVPO Affects an Alleged Abuser
Protection orders can often result in the following actions:
-Removing the alleged abuser from the home
-Requiring an alleged abuser to hand over any firearms to authorities
-Requiring mandatory attendance at an abuser treatment program
-Forcing an alleged abuser to return a pet or other property
Additionally, a judge can include anything else he or she deems necessary in a DVPO on a case by case basis, and the specifics of any protection order will depend upon the situation.
Criminal Charges
In addition to protective orders, which can have drastic effects on an alleged abuser's life, he or she may also face criminal domestic violence charges. Common criminal charges include assault on a female, stalking, assault with a deadly weapon, violating a DVPO and sexual battery. These are misdemeanor charges, although in certain circumstances some can be considered felonies. Other felony domestic charges include rape, sexual offenses and non-fatal strangulation, which can result in significant jail time.
People facing domestic violence charges should not delay in asserting their rights. The drastic penalties demand defense by an experienced lawyer familiar with protecting the rights of those accused of domestic violence. If you are facing a DVPO or domestic violence charge, contact an experienced criminal defense attorney to explore your legal options.
Article provided by Plumides Law Office, PC
Visit us at http://www.plumideslaw.com
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