Domestic violence in North Caroline is defined any of several violent acts committed between two people in a personal relationship. North Carolina law provides a system where a victim of domestic violence can file for a court-issued protective order.
When a person fears being the victim of domestic violence, he or she may petition the court for protection. The court will schedule a hearing to determine if a protective order should be granted.
If the protective order is granted and then broken, the accused may be arrested for domestic violence.
What to Do if You’re Arrested for Domestic Violence in North Carolina
What recourses do you have if you’re arrested for domestic violence? Here’s what you need to know about domestic violence laws in North Carolina.
Violating a Protective Order
An officer must make an arrest if there is a reason to believe that a protective order has been violated. Under such circumstances, the law doesn’t require the officer to obtain a search warrant. Violating a protective order in North Carolina is a Class A1 misdemeanor, which carries a sentence of up to 60 days if the defender has no prior convictions.
It is important to understand that even if the police are not called, a warrant can still be issued.
What to Expect after an Arrest
Be aware that if an arrest is made on domestic violence charges, a judge may choose to not set bond until the accused has been held for 48 hours. Judges tend to be overly cautious when ruling in domestic violence cases. This is because they are placed in the position of determining whether or not the alleged victim genuinely needs protection.
Because of the heightened risk of violence in these types of emotionally charged situations, a judge will more often than not choose caution. This is not unusual. The logic is simply, better safe than sorry. Either way, you’re going to have to deal with the bail bond process–which is where we can help.
Get an Attorney
After an arrest, the defendant needs to speak with an attorney immediately. A skilled attorney is crucial for defending against allegations of breaking a protective order.
An attorney will provide guidance throughout the legal process. They understand the system and understand how to proceed. They will also provide sound legal counsel to their client.
If the defendant cannot afford a lawyer, the court will provide a public defender. We recommend that you retain the best attorney you can afford so that you receive the best defense possible.
Having Respect for Protective Orders
It is important for an accused person to understand that once a protective order has been issued, it cannot be broken, even if the victim wishes to have contact.
North Carolina courts and law enforcement agencies take claims of domestic violence very seriously. If you’re arrested, contact a bail bond company, and get a good attorney as soon as possible.
When a protective order is granted in a domestic violence case, the court is not interested in excuses. It’s best for both parties to stay far away from each other until the issue has been resolved.
Contact us with any questions regarding bail bonds.