Domestic Violence

Criminal and Civil Domestic Violence Charges

Domestic violence allegations are aggressively pursued in the North Carolina court system.  Wake County devotes a whole court room to misdemeanor domestic violence crimes that runs every day.  Individuals can also bypass the criminal courts and file for restraining orders with allegations of abuse in the civil courts.  Landon White Law Firm is experienced in representing clients facing criminal and civil domestic violence protection orders.  We have defended our clients at trial, and we have negotiated favorably on their behalf.

Criminal Charges

Domestic violence crimes are those where the defendant and victim-witness have been in an intimate relationship.  Once charges are filed or an arrest is made, the decision to prosecute rests with the District Attorney.  It is not uncommon for the prosecutor to move forward even when the victim-witness wants charges dropped and is uncooperative.  A conviction for domestic violence crimes can be costly and prohibitive on the accused’s life. Do not count on the victim-witness to not show up. They will be subpoenaed.

If you are charged with a domestic violence crime, do not have contact with the victim-witness. A condition of your bond is to have no contact, and a violation of this condition will send you back to jail. Additionally, if you have a DVPO against you, contact will lead to a new criminal charge.

Domestic Violence Protection Orders (DVPO)

Domestic Violence Protection Orders (DVPOs or 50B orders for short) are civil actions in District Court for a restraining order against someone who they have a close relationship with. Usually this is either a spouse, boyfriend/girlfriend, or family member. The definition threshold for an act of domestic violence and the burden of proof are lower than in criminal court. Often, a DVPO is filed around the same time that a criminal charge is taken out against the accused. When this happens it takes an experienced lawyer to handle the complexities of both cases and prevent your rights from being trampled.

The initial ex parte DVPO is temporary, and the defendant in the action is entitled to a hearing before a permanent DVPO is entered against them.  Permanent DVPOs last for a year, at which point the petitioner can seek to continue the DVPO for another year.  During that time the Court may order a person out of their own house, order a person to have no contact with a significant other, and order a person to relinquish any firearms owned.  Contact with the person who took out the DVPO is a violation and a criminal charge. Violations of the DVPO can quickly become grounds for felony charges.

Stalking and Harassing Restraining Order

A 50C restraining order is similar to a DVPO. The primary difference is that with a 50C, the parties do not have to have a qualifying relationship like they do with a 50B. Also, different elements must be proven at trial for a judge to grant a 50C restraining order.