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50B in Union County NC

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Matters involving domestic violence and allegations of criminal charges associated with marriages, dating relationships, and children may overlap at times, especially at it may pertain to a 50B in Union County NC. Monroe Family law attorneys and criminal defense lawyers may be involved, in that things like Assault on a Female, simple assault, communicating threats and other criminal charges may also be the legal basis for a Complaint and Motion for Domestic Violence Protective Order.

Legal professionals commonly refer generally to those types of matters as “domestic violence,” but what does that mean? What is domestic violence in North Carolina? Are they legal issues involving civil court or criminal court? Are domestic violence charges felony or misdemeanor charges? And finally, what is a 50B in Monroe NC?

What Is Domestic Violence in North Carolina?

While there are technical, legal definitions of what is domestic violence, violations of the NC criminal laws may be found in N.C.G.S. Chapter 14: Criminal Laws. There is no criminal law in North Carolina that is technically called “domestic violence.” That is not to say there are not criminal laws prohibiting certain actions or NC criminal charges that reasonable minds may conclude, “That is domestic violence.”

Top 3 Things to Do If Arrested in Monroe NC

Criminal defense lawyers Monroe NC commonly provide legal representation for different types of criminal charges, some of which may be tied to domestic relationships and marriages, dating relationships, children, and even grandparents. The criminal laws in North Carolina are written broadly, with the intent of the NC General Assembly to prohibit criminal activity, rather than limit the enforcement of laws merely because of nomenclature for criminal charges.

justice

Assault charges like Simple Assault, Assault and Battery, and Assault on a Female charges in Monroe NC do not require proof of a “personal relationship” or “dating relationship,” marriage, separation or divorce. Assault on female as defined under the NC criminal laws involves an assault, or more often than not, a battery in North Carolina, by a male 18 years old or older against a female. It doesn’t matter if the male and female know one another, had ever met one another, or even had a dating relationship, were married, or have children together.

The prima facie elements to be proven Beyond a Reasonable Doubt by the State of North Carolina, through the prosecutor (the ADA or Assistant District Attorney), involves a checklist of sorts:

  • Jurisdiction – The criminal charges took place in Monroe, North Carolina in Union County
  • ID Identification – The defendant is identified in open court, through the presentation of evidence
  • Date Certain – That the alleged criminal charges took place on a certain date. There is a Statute of Limitations for misdemeanor criminal charges in North Carolina. That’s true whether the charges are in Monroe NC, Charlotte NC or anywhere else in North Carolina.
  • Assault or Assault and Battery (simple assault) on a Female
  • By a Male 18 years old or older

That’s just one type of criminal charge that could involve “acts of domestic violence” in North Carolina. Union County Criminal Defense Lawyers may also encounter, as part of legal representation for “domestic violence,” other criminal charges such as injury to personal property, or damage to real property, harassment, threats, and even NC felony criminal charges related to Assault by Strangulation or assaults involving serious bodily injury - and even attempted murder in North Carolina.

Civil court is different. Alleged victims of domestic violence in Monroe NC may file a “complaint,” which is a lawsuit, complaining of “acts of domestic violence” by the Defendant. Those matters are handled in Civil Court but are technically different than criminal charges, and necessarily would be handled on different court dates.

When relating to a restraining order or even an TRO Temporary Restraining Order, defense lawyers and family law attorneys alike use terms such as “50B Order” or “DVPO” as shorthand for the type of civil court filing (complaint/lawsuit) as enumerated in the North Carolina Family Laws Chapter 50B.

DVPO Domestic Violence Protective Order in North Carolina

It is in those “civil complaints” and specifically the NC family laws where “domestic violence” is defined, at least in part.

§ 50B-1. Domestic violence; definition.

(a) Domestic violence means the commission of one or more of the following acts:

  • Causing bodily injury
  • Attempting to cause some form of bodily injury
  • Intentionally cause injury to the body
  • Placing the victim in fear (the “aggrieved party”) of bodily injury to occur imminently
  • Attempting to cause fear of imminent bodily injury (serious bodily injury)
  • Harassment, Communicating Threats inflicting emotional distress (substantial emotional distress)
  • Illegal Sex Crimes and Sex Acts
    1. Rape
    2. Indecent Liberties
    3. Sex Offenses in North Carolina

** The NC Domestic Violence laws and general statutes in North Carolina involving obtaining a 50B protective order (DVPO) are meant to be inclusive in nature. Given the myriad of different types of interpersonal relationships, types of families, as well as criminal behavior, the laws are written to be inclusive in nature and covering the widest range of fact patterns. The point is to provide protection to victims of domestic violence and avoid “future acts of domestic violence.”

Should I hire a lawyer for 50B in Union County? Do I need a lawyer for Domestic Violence charges Monroe NC?

Obviously, there are legal protections afforded to people charged with violations of the NC criminal laws, who may also be subject to a Complaint and Motion for Domestic Violence Protective Order in Monroe NC. That is part of the process for both the criminal laws and family laws in North Carolina.

At the same time, even with those protections, it often helps to have an attorney in court with you.

Criminal charges involving allegations of domestic violence Monroe NC often mandate personal court appearances, answering to misdemeanor or felony criminal charges in Union County, North Carolina, whatever they may. It’s imperative to understand the crossover between criminal charges, and what is alleged against the Defendant (the person charged with criminal violations in Monroe NC) and a Complaint for Domestic Violence filed in Union County District Court (Civil Court).

Put simply, it can be a complicated, if not confusing area of law, with intricate fact patterns and consequences in both civil court or criminal court. The lawyers at our Monroe NC law firm provide legal representation for Union County Domestic Violence charges (allegations), both in a family court setting as well as criminal court.

Bill Powers is an NBTA Board-Certified Specialist in Criminal Law. He also has substantial courtroom experience handling civil matters involving 50B protective orders, violating 50B orders, contempt of court proceedings, involving the interplay between criminal charges in Union County NC, and allegations of domestic violence in Monroe, North Carolina.

Unlike other aspects of our law firm, our family law attorneys Monroe NC do NOT charge for an initial phone consultation for matters purely involving 50B Domestic Violence and criminal charges. Other legal services involving family law, such as separation and divorce, child custody, and child support require a consultation fee and True Retainer to secure the availability of our Monroe Family Law Attorneys.

If you have a Warrant for Arrest in Monroe NC, Call NOW: 704-342-4357

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