Asheville Domestic Violence Defense Lawyer – Restraining Orders

Domestic Violence Defense & Restraining Order Attorney in Asheville, NC

If you’ve been accused of domestic violence, you’re likely feeling overwhelmed, anxious, and uncertain about what comes next. In these difficult moments, you need an Asheville domestic violence defense attorney who understands what’s at stake.

At Edwards Law, our team is standing ready to protect your rights, evaluate the evidence against you, challenge weak or improper claims, and build a strategic defense that’s designed to safeguard your freedom and your future.

About Us

At Edwards Law, we’re committed to providing strategic, results-driven criminal defense representation to individuals throughout Asheville and North Carolina. Doug Edwards brings a powerful combination of prosecutorial insight and defense experience to every case he handles, having worked as a prosecutor for over 10 years and later serving as the First Assistant District Attorney for Buncombe County.

This background gives our team insight into how the state builds its cases and allows us to anticipate prosecutorial strategies, identify weaknesses, and craft proactive defenses designed to protect your rights at every turn.

Domestic Violence Defense Representation You Can Trust

Relationships can be difficult. They require consistent upkeep and open communication between the two parties involved. However, they can also be a source of frustration and are full of emotions. Unfortunately, there are times when these emotions can get the better of a person, causing physical violence to occur. Whether between adults or between an adult and a child, domestic violence can be a scary situation. It can erupt seemingly out of nowhere, or it can show signs of building over time.

If a person knowingly and openly commits an act of domestic violence, they should be held accountable for their actions. However, every circumstance is different and requires its own investigation. The repercussions of a domestic violence accusation or conviction can be life-altering, particularly if the circumstances of the case are unfounded or false.

At Edwards Law, we know the risks you face and how important it is that you are represented by someone with knowledge and experience. Domestic violence cases can be confusing and intricate, and they often come with the added challenge of protective orders and understanding the laws that accompany them. Your case will bring up many questions, but we have the answers.

Defining Domestic Violence in Asheville, NC

North Carolina law defines domestic violence as violent crime acts committed by one individual against another with whom they share a personal relationship. Victims in such incidents can file protective orders (restraining orders) against the accused.

The law defines personal relationships in several ways, including:

• Current or former spouses
• Individuals who share a living space or have shared a living space
• Individuals with a familial connection, such as a parent or acting parent and a child
• Parents of the same child
• Those who are currently in the household or used to be in the household
• Individuals who are or were in an intimate relationship

When a person in a relationship as described above commits an act of domestic violence, they are committing violence in any number of the following ways:

• Causing or attempting to intentionally harm another with bodily injury
• Causing emotional distress through intimidation and harassment that causes the victim to fear that there may be bodily injury
• Committing a sex crime, such as first- or second-degree rape, sexual assault on a child, statutory rape, or sexual battery

The circumstances of the crimes can determine what charges a person might face. Although these definitions are in place, there are no specific offenses labeled “domestic violence” in North Carolina law. Therefore, prosecutors sometimes convert domestic violence offenses into other crimes such as harassment, assault, or battery.

These crimes can be prosecuted at both the misdemeanor and felony levels. It is also important to note that domestic violence does not need to include physical contact. Threats and harassment can also be considered forms of domestic violence.

In addition to these criminal charges, victims have the right to seek a protective order (restraining order) in civil court. These seek to protect the victim from further violence by forcing the victim and the accused to avoid one another, in addition to other conditions ordered by the court.

Charges of domestic violence can be filed with or without the presence of police. If police are called to an incident, they are required to make an arrest if there is probable cause. However, if they are not called, the victim may file a charge with the court.

Get a Free Case Evaluation with a Domestic Violence & Restraining Order Lawyer!

Protective Orders (Restraining Orders)

Victims of domestic violence often fear that it might continue or worsen, and they may seek protection from the law. While many protective orders are issued after a court process, domestic violence victims can file for emergency orders.

In most protective order cases, the petitioner and the defendant are summoned to court, and a hearing is held to determine the circumstances of the order. However, if an emergency order is filed, the court may adjudicate the order without notifying the defendant.

If the case involves domestic violence, a court must issue a protective order that could include many of the following conditions:

• Prohibit further abuse from the defendant.
• Allow one of the parties to take possession of a home while barring the other from doing so.
• Require one party to provide suitable housing to the other party’s spouse or children.
• Award temporary custody and visitation of a child.
• Force the defendant out of the home and assist with relocating the victim back into the home.
• Establish child support payments.
• Provide an award for any personal property.
• Prohibit any threatening or abusive behavior between both parties, including following each other.
• Prohibit harassing behavior, including through unauthorized visitation, the telephone, or through another individual.
• Prohibit abuse against other children or pets that may reside in the home.
• Award attorney fees.
• Prohibit either party from purchasing firearms for a set period.
• Require enrollment in domestic violence treatment programs for the accused abuser.
• Issue any other terms that the court deems necessary for the protection of the victim or children.

Protective orders are valid for a period of one year and may be petitioned to be extended for an additional two years.

Violating Protective Orders

Any violation of a protective order is not only a Class A1 misdemeanor but could also include charges for other crimes committed during the violation. Without prior convictions, the misdemeanor charge carries a penalty of up to 60 days in jail.

If a felony is committed while there is a protective order in place or during the violation of the protective order, the accused could face charges that are punishable as one class higher than the law states for the individual felony. However, if there are two or more prior convictions of protective order violations, or if the defendant violates the order while in possession of a deadly weapon, the violation is punished as a Class H felony. This carries a sentence of five to six months in prison if there have been no prior convictions.

In addition, a Class H felony can be charged if the subject of the protective order enters any property that is operating as a safe haven for the victim. To be charged, it must be proven that the violation was against direct orders to avoid the victim’s home or other location. There must also be a prohibition in place against threatening, abusing, or harassing the victim. In these cases, no arrest warrant is needed.

Domestic Violence Penalties

Each domestic violence case is unique. The charges that could be applied are based on the crime that was committed. North Carolina does not have a specific domestic violence law. Factors that could play a role in the penalty you could face include the current charge, prior convictions, substance abuse, and other aggravating factors.

Many domestic violence offenses are classified as misdemeanors. These crimes are considered Class A1 and are punishable with up to 150 days of prison time. These types of crimes include assault, battery, or the use of a deadly weapon to cause injury to a female (if the defendant is a male) or a child under the age of 12. This also applies if the offense was committed in the presence of a child under the age of 18.

Felony domestic violence can result in criminal charges and penalties. The manner of the violence could determine the charge, which could include various sexual assaults, battery, discharging a firearm, bodily harm or deformation, and many others. These charges range from Class H to Class B felonies and include potential prison time from 4 months to 40 years or more.

In addition to the potential prison penalties, criminal convictions carry long-term consequences. These could impact future employment, housing, and relationships.

Defenses a Lawyer Can Use in a Domestic Violence Case

When you’re facing domestic violence allegations, understanding what possible defenses could be available is critical when it comes to protecting your rights and minimizing any potential domestic violence penalties. Each case is unique, and the legal strategy really depends on the circumstances of your case, the evidence, and the applicable domestic violence defense laws in North Carolina. Some of the most common defenses include:

• False or misinterpreted allegations: In some cases, accusations of domestic violence could be based on misunderstandings, miscommunications, or false claims. Our defense lawyers can gather the evidence, interview witnesses, and scrutinize police reports to demonstrate inconsistencies or errors in the allegations. False accusations make up 10% of domestic abuse cases.
• Self-defense: If you acted in response to an immediate threat of harm, this could serve as a legal justification to use force under North Carolina’s domestic violence defense laws. Properly demonstrating self-defense can reduce or eliminate any domestic violence penalties.
• Lack of evidence: The prosecution must provide clear and convincing evidence that the domestic violence happened. Our Asheville domestic violence defense attorneys can challenge the credibility of witnesses, examine the chain of custody for evidence, and investigate alternative explanations for any injuries or property damage.
• Consent or mutual participation: In certain cases, the alleged victim might have engaged in consensual actions or mutual physical altercations. This defense must be handled with caution and detailed evidence, including witness statements and physical proof, to counter the claims while adhering to domestic violence defense laws.
• Violation of rights or procedural errors: If your constitutional rights were violated by law enforcement or the prosecution during the investigation, or if they failed to follow proper procedures, this can be used as a powerful defense. Our team can file motions to exclude any evidence obtained illegally, which could potentially weaken the prosecution’s case under domestic violence defense laws while mitigating domestic violence penalties.

At Edwards Law, our team combines a detailed understanding of North Carolina’s domestic violence defense laws with practical courtroom experience to build a comprehensive strategy for every client.

Hire a Domestic Violence Defense Attorney: Why Local Representation Makes a Difference

When it’s time to hire a domestic violence defense attorney, choosing a local attorney can make a meaningful difference to the outcome of your domestic violence defense case. At Edwards Law, our team lives and works right here in Asheville, and we understand the nuances of our local court system, the expectations of area judges, and the procedures that shape how cases move forward in Buncombe County.

We regularly practice in the Buncombe County Courthouse, the Henderson County Courthouse, and the Madison County Courthouse. This firsthand experience means we’re familiar with how these courts operate. We understand scheduling practices, courtroom protocols, and how local prosecutors typically evaluate and negotiate domestic violence cases.

This familiarity means we can act quickly, anticipate challenges, and course correct in the moment to adjust our legal strategies, setting you up for the strongest chance at securing the most favorable outcome possible.

At Edwards Law, we take the trust of our neighbors seriously when they ask us to defend their rights. Our goal isn’t just to process cases, but to provide thoughtful, strategic representation that’s tailored to the specific circumstances that you’re facing.

FAQs

How Soon Should I Contact a Lawyer After Being Accused of Domestic Violence?

You should contact a lawyer as soon as possible after being accused of domestic violence. Early legal intervention can help protect your rights during police questioning and prevent you from making statements that could be held against you later on. An attorney can also start preserving the evidence, interviewing witnesses, and advising you on how to comply with court orders. Acting quickly improves your chances of building a strong defense.

Can Domestic Violence Charges Impact Child Custody Decisions?

Yes, domestic violence charges can have a significant impact on child custody and visitation decisions in North Carolina. Courts always prioritize the safety of the child, and even allegations can affect decisions regarding your parental rights. A conviction or ongoing legal dispute could limit visitation or result in supervised visits. Our Asheville domestic violence defense attorneys can help protect your parental rights to help mitigate any negative custody decisions.

What Happens if the Alleged Victim Wants to Drop the Charges?

If the alleged victim wants to drop the charges, they don’t just go away. In North Carolina, the decision to dismiss domestic violence charges ultimately belongs to the prosecutor, not the alleged victim. Even if the accuser requests that the charges be dropped, the state could proceed with prosecution if it thinks that there’s sufficient evidence. However, the alleged victim’s cooperation or testimony can influence the case.

Is It Possible to Expunge a Domestic Violence Conviction?

Yes, it’s possible to expunge a domestic violence conviction in North Carolina, but they’re subject to very strict requirements. Typically, only certain misdemeanor convictions might qualify, and felony convictions could provide very limited eligibility. This process involves filing petitions, waiting periods, and court approvals. Our experienced Asheville domestic violence defense attorneys can assess your case and guide you through the process.

Can Domestic Violence Charges Be Dismissed in Asheville, NC?

Dismissing criminal domestic violence charges in Asheville, NC, can be a difficult process, but it is not impossible. Starting with a full review of your case, our attorneys can examine the process from arrest to courtroom to ensure that your rights have not been violated by law enforcement. Additionally, reviewing the collection of evidence, including any on-scene items or lab technician processes, could reveal instances of mishandled or overlooked evidence. In some instances, there may be evidence that can conclusively prove that the crime has not been committed.

If these avenues do not prove successful, an experienced criminal defense lawyer can seek to negotiate with the prosecutor by highlighting the deficiencies in the evidence.

When dismissal is not possible, a negotiation for the reduction of charges is an available option.

Contact a North Carolina Domestic Violence Defense Attorney

Charges for domestic violence come with severe consequences that not only include prison time but also difficulty in employment, housing, and even family relationships. If you are facing criminal charges, and they are related to incidents classified as domestic violence, you deserve the help of an experienced and knowledgeable criminal defense attorney.

There is little doubt you likely have extensive questions about the impacts of the charges and the potential penalties you face. At Edwards Law, our attorneys are ready to answer your questions. We can review the facts of your case and help you understand the strongest options available to you. Contact our offices today and get the help that you deserve.

Edwards Law, PLLC – Asheville, NC Office

38 Arlington St, Asheville,
NC 28801, United States

Client Testimonials

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“Super grateful for Attorney Edwards and Sherry. They were super responsive to all the questions I had. Never once did I feel like I was not being heard. Can’t thank them enough for all their support and hard work on my father’s case. They were able to get them to dismiss his charges. Definitely someone you can count on! Thank you again! ☺️”

— Sherlyn Gonzalez

⭐⭐⭐⭐⭐

“Incredible law firm experience. Managed to help me with a case that another law firm failed to do in over two years – they finished it instantly and perfectly within two months. Can’t recommend more highly – they were by far the most affordable, responsive, and competent law firm of all the ones I researched. Thank you so much for all the help!”

— Ben Yu

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