Articles Tagged with domestic violence

Wiretapping is a complex and sensitive area of the law that requires an in-depth review of the relevant statutes and an awareness Wiretapping Legal Issues of your rights.  At the Powers Law Firm, we understand the importance of your privacy in wiretapping cases and are committed to ensuring that our clients receive legal advice they can trust.

This guide provides an overview of wiretapping laws, their implications in North Carolina, and how they may impact your case.

What is Wiretapping?

Subjective Fear in the 50B Protection Order Context

A recent unpublished opinion by the NC Court of Appeals reminds family law attorneys and criminal defense lawyers alike that “fear of imminent bodily injury” is a subjective standard and need not be objectively reasonable.DVPO Complaint

That may come as a surprise to some, given the Court also recently pointed out some of the dire consequences of even being accused of Acts of Domestic Violence.

What is a 50B in NCCommunicating threats, assault, stalking, and other felony charges in North Carolina, if categorized as domestic violence, are clearly serious.  If arrested, the terms and conditions of release may result in no way to immediately bond out, at least for a couple of days.

That’s because, under the NC Criminal Laws, crimes of domestic violence require pre-trial release and bail be determined by a district court judge.  Unlike many other legal matters, including many if not most felony charges, a magistrate is not authorized to set bond or otherwise address the conditions of release for DV cases.

Even with no prior record, you may find youself in jail for a period of time until a judge is available.  That’s tough. The statute is written such that, unless the particular jursidiction can fast-track DV court appearances, people sit in jail with no way to get out for a substantial period of time- Bill Powers, Criminal Defense Lawyer Charlotte NC 

What are the Consequences Violating a Court Order?  Do I Need a Lawyer for Protective Order Violation?

Answering the Question “Do I Need a Lawyer for Protective Order Violation” one would be wise to also consider:

  • Does It Matter if Order is Under NCGS Chapter 50?
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