If you’re facing domestic violence charges or need protection from abuse, Marshall & Taylor PLLC provides compassionate legal representation in Raleigh and throughout Wake County. Our attorneys understand the sensitive nature of domestic violence cases and work with both victims seeking protective orders and individuals defending against accusations. We offer free consultations to discuss your situation and explain your legal options. Contact (919) 833-1040 today to speak with an experienced domestic violence attorney.
Why Choose Marshall & Taylor PLLC for Your Domestic Violence Case
Marshall & Taylor PLLC brings years of experience handling domestic violence matters in Raleigh and Wake County. Our attorneys understand North Carolina’s domestic violence laws and know how the local courts operate. We serve clients on both sides of domestic violence cases, including helping victims obtain protective orders and supporting those accused of domestic violence in building a strong defense. We approach every case with compassion and professionalism, recognizing that these situations involve sensitive family matters and serious legal consequences. Our team takes time to listen to your concerns, answer your questions, and develop a strategy tailored to your specific circumstances. Whether you need immediate protection or legal defense, Marshall & Taylor PLLC is ready to advocate for your rights.
Understanding Domestic Violence in North Carolina
North Carolina law defines domestic violence under General Statute § 50B-1 as acts of violence or threats of violence between family or household members. This includes current or former spouses, people living together, parents and children, grandparents and grandchildren, persons who share a child in common, and people in dating relationships. Domestic violence encompasses more than physical assault. It includes emotional abuse, sexual assault, economic control, harassment, stalking, and psychological manipulation. Abusers may isolate victims from family and friends, control finances, threaten custody of children, or use other tactics to maintain power and control. Understanding what constitutes domestic violence helps victims recognize unhealthy relationships and take steps to protect themselves. If you’re experiencing any form of abuse, legal protection is available.
Protective Orders and Your Legal Options
North Carolina offers two types of protective orders for domestic violence victims. A Temporary Protective Order (TPO) provides immediate protection and can be issued the same day you file, without the abuser present. A TPO typically lasts approximately 3 weeks, during which a full hearing must be scheduled within 10 days of issuance. A Domestic Violence Protective Order (50-B DVPO) is a longer-term order issued after a court hearing where both parties can present evidence. A 50-B DVPO can last up to one year and can be renewed for additional periods of up to two years if abuse continues.
Protective orders typically include provisions that:
- Prohibit contact, communication, or harassment
- Require the abuser to stay away from your home, workplace, or school
- Award temporary custody of children
- Require payment of support or bills
- Prohibit possession of firearms
Filing for a protective order involves completing a petition, attending a hearing, and presenting evidence of abuse to the judge. Marshall & Taylor PLLC guides you through this process, helps gather documentation, and represents you at the hearing. We understand the urgency of these situations and work quickly to protect your safety.
Criminal Charges and Penalties for Domestic Violence
Domestic violence charges in North Carolina range from misdemeanors to felonies depending on the severity of the conduct and prior history. Simple assault or battery charges may result in jail time, fines, or probation. A first offense for simple domestic assault is typically charged as a Class A1 misdemeanor, which carries up to 150 days in jail. Serious bodily injury charges carry enhanced penalties. Repeat offenses result in mandatory minimum jail sentences. A domestic violence conviction can affect employment, housing, professional licenses, and custody rights. Criminal charges are separate from protective orders. You can have both active simultaneously. If you’re accused of domestic violence, having an experienced attorney is critical. We investigate the allegations, gather evidence, and develop a defense strategy. We also explore options like anger management classes or counseling that may result in reduced charges or alternative sentencing.
How Marshall & Taylor PLLC Supports Domestic Violence Victims
Marshall & Taylor PLLC provides comprehensive support to domestic violence victims throughout the legal process. We help you file protective orders, prepare for hearings, and present your case effectively to the court. We coordinate with local support resources including InterAct, Wake County Human Services, and victim advocacy organizations. We understand that leaving an abusive relationship involves safety planning, financial concerns, and emotional challenges. Our attorneys address these issues while protecting your legal rights. We maintain strict confidentiality and take precautions to ensure your safety during all communications and meetings. If you need emergency protection, we can help you understand your immediate options and connect you with crisis resources.
Defending Against Domestic Violence Accusations
If you’ve been accused of domestic violence, you have the right to legal representation and a fair hearing. Accusations are not proof of guilt. We investigate the allegations thoroughly, interview witnesses, and gather evidence to challenge the prosecution’s case. We examine police reports for inconsistencies, question the credibility of witnesses, and identify any violations of your rights during arrest or investigation. Many domestic violence cases involve false or exaggerated accusations. We explore whether alternative explanations exist for the alleged conduct. We also discuss options like anger management programs, counseling, or mediation that may resolve the matter without a conviction. Our goal is to protect your rights and minimize the consequences you face.
Frequently Asked Questions
What is considered domestic violence in North Carolina?
North Carolina law defines domestic violence as acts of violence or threats of violence between family or household members, including current or former spouses, people living together, parents and children, grandparents and grandchildren, persons who share a child in common, and people in dating relationships. This includes physical assault, sexual assault, threats, harassment, stalking, and emotional abuse designed to control or intimidate.
How do I file for a protective order in Raleigh?
You file a petition for a Domestic Violence Protective Order at the Wake County Courthouse. You can request a Temporary Protective Order (TPO) immediately, which is issued without the abuser present. A TPO typically lasts approximately 3 weeks, during which a full hearing must be scheduled within 10 days of issuance. You then attend a hearing where a judge decides whether to issue a longer-term 50-B DVPO. Marshall & Taylor PLLC can guide you through the filing process and represent you at the hearing.
What happens if someone violates a protective order?
Violating a protective order is a criminal offense in North Carolina. Violations can result in arrest, jail time, fines, and additional criminal charges. If the abuser contacts you, comes near you, or violates any condition of the order, you can call police and report the violation. Document all violations and report them immediately.
Can I get a protective order if we’re not married?
Yes. North Carolina protective orders apply to current or former spouses, people living together, parents and children, grandparents and grandchildren, persons who share a child in common, and people in dating relationships. You do not need to be married to obtain a protective order. The key is showing that you have a family or household relationship with the person and that you’ve experienced abuse or threats.
What should I do if I’m falsely accused of domestic violence?
Contact an attorney immediately. Do not discuss the allegations with police without an attorney present. Do not contact the accuser, as this can be used against you. Gather evidence supporting your innocence, including text messages, emails, witness statements, and any documentation showing your whereabouts. Let your attorney handle all communications with law enforcement and the court.
How long does a protective order last?
A Temporary Protective Order (TPO) typically lasts approximately 3 weeks, during which a full hearing must be scheduled within 10 days of issuance. A Domestic Violence Protective Order (50-B DVPO) lasts up to one year and can be renewed for additional periods of up to two years if abuse continues. You can request renewal of a 50-B DVPO if abuse continues. The abuser can request dismissal of the order, which requires a court hearing where you can present evidence of ongoing abuse.
Can protective orders be modified or dismissed?
Yes. Either party can request modification or dismissal of a protective order. The person who obtained the order can request changes to make it stronger or address new concerns. The accused can request dismissal if they believe the order is no longer necessary. Any modification or dismissal requires a court hearing where both parties present evidence.
What resources are available for domestic violence victims in Raleigh?
InterAct provides crisis counseling, shelter, and support services for domestic violence victims in Wake County. Wake County Human Services offers additional resources. The National Domestic Violence Hotline (1-800-799-7233) provides confidential support 24/7. Local hospitals and law enforcement can connect you with victim advocates who help you understand your options and access services.
Do I need an attorney for a protective order hearing?
You are not required to have an attorney, but having one significantly improves your chances of obtaining the order. An attorney knows how to present evidence effectively, cross-examine the abuser’s testimony, and address legal requirements. Marshall & Taylor PLLC represents clients at protective order hearings and helps ensure your voice is heard in court.
What is the difference between criminal charges and a protective order?
A protective order is a civil court order that prohibits contact and requires the abuser to stay away from you. Criminal charges are brought by the state and can result in jail time and a criminal record. You can have both active simultaneously. A protective order does not require proof beyond a reasonable doubt—the judge only needs to find that abuse is more likely than not. Criminal charges require proof beyond a reasonable doubt.
Contact Marshall & Taylor PLLC for Your Free Consultation
Domestic violence situations demand immediate attention and experienced legal guidance. Marshall & Taylor PLLC offers free consultations to discuss your case and explain your options. Whether you need a protective order or legal defense against accusations, our attorneys are ready to help. Call (919) 833-1040 today to schedule your confidential consultation. We handle urgent matters and can often meet with you quickly to address your immediate concerns.