Domestic Violence Lawyer in
Shelby, North Carolina

Chances are you’ve heard the term “domestic violence” before. However, many people don’t fully understand what the term means in a legal sense. The United States Department of Justice, Office on Violence Against Women, defines the term as a pattern of abusive behavior used in a relationship.

Such behavior is used by one person to gain or maintain control over another. There is a wide variety of abuse that can be included under the umbrella of domestic violence.

Such behavior is used by one person to gain or maintain control over another. There is a wide variety of abuse that can be included under the umbrella of domestic violence.

Those forms of abuse can include: 

• Physical abuse
• Sexual abuse
• Emotional or psychological abuse
• Economic or financial abuse
• Threats
• Stalking
• Cyberstalking 
• Dating violence

Not only does the basic definition include a variety of different forms of abusive patterns, but it also refers to a variety of different types of victims. For many years, domestic violence was used interchangeably with the term “wife abuse” or later “spousal abuse.”

However, the definition of domestic violence can apply to: 

• Spouses
• Sexual partners
• Dating partners 
• Family members
• Children
• Cohabitants 

Understanding Domestic Violence Charges in North Carolina

In North Carolina, charges of domestic violence can land you in criminal court and civil court.  You can be denied access to your home.  You can be ordered to stay away from your spouse and your children.  

In criminal court, the range of penalties can vary widely. Some crimes are considered misdemeanors, while others are felonies that carry stiffer penalties, like fines and prison time. Most domestic violence cases can lead to State and Federal restrictions on your ability to possess a firearm.

Domestic violence allegations are serious. You may be held in jail for up to 48 hours without the ability to post bond.   In most cases, you will need an attorney to help you navigate your situation.

In some domestic violence cases, a judge may issue a court order to add additional measures such as rehabilitation and anger management courses. They can also order that restitution be paid to the victim.

The Difference Between Felony and Misdemeanor Charges

If you have been charged with either a felony or a misdemeanor for domestic charges, you may be wondering what are the next steps. Our attorney, Daniel Talbert explains the difference in severity for both charges and what to expect throughout the legal process.

What to Do If You Have Been Wrongfully Charged with Domestic Violence

If you believe you have been falsely accused of domestic violence for any reason, you may be reeling. The accusation has turned your life upside down, so you may not know where to turn for help. Walking away from an emotional situation is your best move.  The next move you need to make is to contact an attorney to advise you.  

Some people who have been falsely accused believe that hiring an attorney makes them look guilty. Maybe things will eventually calm down when emotions have time to settle, and cooler heads prevail. However, in circumstances where someone is wrongfully accused of domestic violence, waiting to get an attorney on your side can work against you. While you hope the situation resolves itself, your accuser may be working to build a case against you.

If you’re wondering how to defend against false allegations of domestic violence, Teddy, Meekins & Talbert has the answers.

Here are immediate steps you can take if you have been falsely accused of committing domestic violence: 

• Consult an experienced attorney. Your very first phone call should be to an experienced defense attorney. An attorney will be able to review all the facts of your case and give you the crucial legal advice and support you need. At Teddy, Meekins & Talbert, we can begin immediate work on building a strong legal defense to protect your rights. 
• Protect yourself and your valuables. If you have been living with your accuser or they have access to your possessions, safeguard your valuables. Keep your driver’s license, birth certificate, car titles, tax documents, pay stubs, bank account information, or other important documents in a safe place where only you have access to them. 
• Do not contact your accuser. It is important not to contact the person making accusations against you. You may feel compelled to try and understand why this is happening, but it is important not to communicate with them at this time. They may have an attorney working on their behalf, and any type of communication on social media, the phone, or by text message may be used against them in court. 
• Get a support system in place. Have a strong support system in place can help keep your spirits up. It is important to keep the lines of communication open with your close family members so that they can help you through this difficult time. It may also help to share your concerns, so that family members aren’t manipulated if the alleged victim tries to reach out to them with their false claims. You may consider talking to a therapist. An objective and an uninvolved listener can be beneficial to your mental health. 

Defending Against False Accusations of Domestic Violence

There are many different tactics attorneys use to defend against false accusations of domestic violence in the court system. Only an experienced attorney can determine what the best strategy is for your particular circumstances.

In general, there are two common methods for defending against false allegations of domestic violence. The first is to show that the prosecution cannot prove their case beyond a reasonable doubt. The second is to build a defense that absolves the defendant of the alleged actions.

Our court system is set up so that the prosecution must prove to a judge or jury beyond a reasonable doubt that a defendant has committed a crime. To begin, a prosecutor must prove that there is a relationship between the alleged victim and the defendant that warrants a charge of domestic violence. They must present evidence that shows an intimate relationship between the parties and not just a casual acquaintance.

Next, a prosecutor would need to show that the alleged act, such as assault, rape, stalking, or harassment, actually occurred. Finally, the accuser’s lawyer must then prove that the defendant committed the act. That may not be straightforward. The prosecution must prove multiple elements of the underlying crime. For example, if the accuser falsely claims their partner engaged in stalking, the prosecution must show that there was a pattern of persistent following and unwanted behavior.

Another way we defend against false domestic violence accusations is by presenting evidence that absolves the defendant of the alleged actions. We may find that the allegations have been falsified, so we can prove that the event never happened. In some cases, a defendant may have acted in self-defense, making the true instigator of the violence the alleged victim.

There are no one-size-fits-all solutions. All parties involved in domestic violence cases are filled with tense emotions. They tend to be complicated as a result. You need a seasoned attorney you can count on to defend you. The attorneys at Teddy, Meekins & Talbert understand what you are going through and can fight to protect you and your rights from false domestic violence accusations.