Albemarle Domestic Violence Lawyer

What Is Domestic Violence?

Domestic violence is a cycle of abuse carried out by one individual against another within a relationship. This violence can take many forms, from physical to emotional, sexual, psychological, and economic. Domestic violence results in the victim feeling coerced, manipulated, and intimidated within the relationship.

Breaking the Cycle

The victim of domestic abuse in Albemarle, NC can feel victimized and powerless. The aggressor wields power over the victim with the threat of further abuse, and this imbalance of power continues until the victim of the violence breaks the cycle of abuse. The first step to becoming empowered is to seek the help of a qualified, compassionate lawyer who can bring you proper legal representation and peace of mind.

Seeking a Domestic Violence Protection Order After Assault and Battery

Domestic violence often involves assault and battery charges. Assault is an intentional act that causes a victim to fear harm. Verbal abuse, as in intimidation and manipulation, may also be considered assault if the victim fears physical harm. Battery describes physical injury. In both of these cases, a victim may seek a Domestic Violence Protection Order (DVPO).

A DVPO is a matter of public record, and the aggressor can be arrested if it is violated. You can file for this order against anyone with whom you have a personal relationship. An order of protection is federally issued and applies in all states. A family lawyer can be a significant help to ensure you get your DVPO as soon as possible.

What Are the Five Types of Domestic Abuse Charges?

• Simple assault. No weapons involved. No physical harm has to have occurred. Verbal assault is included here.
• Simple battery. Unwanted physical contact. No harm has to have occurred.
• Aggravated assault. Harm or implied harm with the use of a weapon.
• Aggravated battery. Use of a deadly weapon to cause physical harm. This also applies to crimes against vulnerable populations, like children and the elderly.
• Sexual assault and battery. Use of force, sometimes with a weapon, to coerce sexual contact.

Each of these charges carries a penalty under the law, and your abuser may be charged with any of them. If criminal charges are brought against your abuser, you may be asked to testify in court to provide evidence, and you may be cross-examined by your abuser’s defense.

What Penalties Will My Domestic Abuser Face?

Penalties for assault and battery will vary based on aggravating factors. The least severe charge is simple assault without aggravating factors, which is normally charged as a Class 2 misdemeanor. This will warrant up to 60 days of jail time and fines of up to $1,000. Repeat offenders may get harsher sentences.

On the other hand, the most severe charges involve deadly weapons, severe injuries, an intent to kill the victim, and victims who are working protected occupations or are disabled. These may be charged as felonies and can warrant prison sentences from three months to 19 years, depending on the class.

FAQs About Albemarle, NC Domestic Violence Laws

Who Can Get a Domestic Violence Protection Order?

You can seek a protective order for you and your child from anyone you have had a personal relationship with. You can get an order of protection against a boyfriend, spouse, other relative, or a person you have an intimate relationship with. An order of protection can be sought for verbal threats, intimidation, harassment, physical harm, or sexual abuse.

Will My Out-of-State Protection Order Be in Effect in NC?

Yes, it carries over. Orders of protection are valid in all states. The Violence Against Women Act is a federal law and rules that all states must abide by orders of protection in full faith and credit. Each state must enforce out-of-state protection orders as it enforces its own protection orders. The out-of-state protection must be enforced in every state regardless of whether it has been registered there.

Does NC Have Protective Housing Laws?

North Carolina has protective housing laws to protect you and your children as victims of domestic abuse. North Carolina has a protective housing law for victims of sexual abuse, domestic violence, and stalking. The law includes protections that allow you to break your lease, to be safe from eviction, and to change your locks.

Landlords are prohibited from discriminating against stalking victims or abuse sufferers. They can not refuse to rent on these grounds. They also cannot evict domestic violence victims.

Can I Sue an Abuser for Money?

Yes, you can seek damages from an abuser in the form of lost wages, medical bills, and pain and suffering. To seek damages, you will need an attorney to navigate the court system. Normally, these cases are taken on a contingency basis, which means that the lawyer will take a percentage of the damages awarded. In some cases, the judge will order the defendant to pay the attorney’s fees of the injured party.

Don’t Go It Alone; Employ the Experience of an Albemarle Domestic Violence Lawyer

Compassionate and results-driven, Aimee E. Cain stands up for your rights under the law. Our lead attorney understands all the facets of domestic violence law and can guide you through the process of putting protective orders in place, seeking damages, and ensuring a fair division of property in a divorce case.

Your rights matter; choose an advocate who will fight on your behalf. Get the peace of mind you deserve by contacting The Law Offices of Aimee E. Cain online to set up a consultation.