In North Carolina, domestic violence is a serious offense that can destroy families and their relationships. These events often begin with fights and arguments between residents of the same households. They become heated and then someone sustains injuries. The following is a review of domestic violence charges in North Carolina.
Who is Classified as a Victim?
In these cases, the victim could be anyone who has lived in the same household as their attacker. This could include parents, children, siblings, and extended family members. It can also include romantic partners or former spouses. When the police respond to the emergency call, they will assess the situation and determine which party is the attacker and which is the victim. Unfortunately, in some circumstances, a mistake of fact can occur in these cases and the wrong individual is identified as the victim.
What Happens After Charges are Filed?
The victim is within their rights to acquire an order of protection. This order is approved by the court and enforced through a local law enforcement agency. The defendant must follow all provisions listed in the order of protection. This may include restricting any contact in person, via telephone, or the internet between the victim and the defendant. In some cases, the defendant is prohibited from consuming alcohol or taking certain controlled substances.
What Happens if the Defendant Violates the Order?
Each instance in which the defendant violates any term of the protection order they are subject to arrest. They will incur a separate charge due to each violation. The county will schedule separate cases for each offense. The defendant is subject to the penalties of each individual criminal offense.
What Happens if the Defendant is Convicted?
Typically, the defendant will be sentenced according to the statute for each crime. They may also be required to participate in anger management programs. The judge will also assign drug or alcohol treatment programs if applicable.
In North Carolina, domestic violence equates to physical altercations between household members. It can include physical or sexual assault. It can also lead to fatalities in some cases. Defendants facing these charges can contact Powers McCartan PLLC for more information today.