Domestic Violence Legal Questions

Yes, a video can potentially be used as evidence in a Domestic Violence Protective Order (DVPO) case, but it must be properly authenticated—meaning the court has to be satisfied that the recording is genuine and accurately shows what it claims to show. If your wife didn’t record the video herself, she can still offer it, but the person who made the recording may need to testify to confirm when, where, and how it was made. Without that testimony, the judge might not allow it if there’s doubt about its authenticity or how it was obtained. That said, DVPO (50B) hearings often have more relaxed evidentiary rules than criminal trials, so judges sometimes admit video or text evidence if it appears reliable and relevant. You should consult with a North Carolina family or criminal defense attorney as soon as possible. They can review the video, challenge it if it was obtained improperly, and help you prepare your defense for the hearing. Don’t ignore the hearing date—having legal representation is critical in domestic violence cases.... Read More

Yes — in most cases, a person can bond out on domestic violence charges in North Carolina, but there are special rules. After a domestic violence arrest, the accused is usually held for a mandatory 48-hour period or until a judge (not a magistrate) sets bond. This means the process can take longer than for other charges. If you haven’t yet turned yourself in, it’s important to contact a criminal defense attorney right away before doing so. An attorney can often arrange a safe surrender, verify whether a warrant is active, and help you through the bond process. Given your statement that you were the one injured and called 911, it’s possible there’s been a misunderstanding or cross-charge situation. That happens sometimes when both parties are accused. Bring all hospital records, photos, and any evidence showing your injuries and the events that led to the call. Once you’re released, your lawyer can work to have the charges reviewed or dismissed if you were actually the victim. The key is not to ignore the warrant — handling it through the proper legal channels is the best way to protect yourself and your record.... Read More

Before submitting a motion, an attorney has to determine whether there are viable legal grounds for the motion. When we talk about a motion to dismiss, this can include a number of different potential grounds, including speedy trial, facial sufficiency, or even in the interest of justice.    It is unclear by your post what specific grounds you believe the motion to dismiss should be submitted. Is there a specific reason that you believe your case should be dismissed on motion?    Sometimes, folks feel that a case should be dismissed immediately because there is insufficient evidence. This is unfortunately not necessarily the case - the evidence, and whether the District Attorney has sufficient evidence to prove the charges against you beyond a reasonable doubt - is typically an issue for trial. Without articulable, legal grounds for dismissal, a motion to dismiss may simply not be viable.  With that being said, these are issues that your current attorney should speak with you about. If you are unhappy with your current attorney, that is a separate issue in itself. While there are certainly some outstanding public defenders, there are also many public defenders who are not as great. When you are assigned a public defender, you unfortunately do not get to pick your lawyer - that is a benefit that you do receive when you hire one.    I hope all this information is helpful. ... Read More

What do you mean by "first time domestic violence"?  Whether you need an attorney is only a decision that you can make.  There is no law that I am aware of that requires you to have one at this point in time.  However, if you want to increase the chance that you will not be prosecuted then you might want to consider interviewing experienced criminal defense attorneys who might be able to contact the District Attorney on your behalf to try and persuade the DA to not prosecute you ince the DA does have discretion to not file the case.  ... Read More

If you want to remarry your spouse after a divorce, that is perfectly OK. Then you would have to re-file a marriage based green card case, and those issues that you raised regarding Fraud would then be reviewed. Due to the complications involved in this case, it would be advisable for you to retain an immigration lawyer to handle the Re-filing of your case.... Read More

A US citizen can sponsor a foreign national spouse for a green card unless that US citizen has been convicted of crimes under the Adam Walsh act. Any domestic violence charges or arrests that did not result in the conviction of the US citizen would not disqualify the US citizen from sponsoring his foreign national spouse for a green card.    ... Read More

Hopefully by now, you would've had enough time to consult with a family law attorney.  You may want to seek a protective order.  It may be difficult to charge rape againsts you husband as you both are still married and it'll be difficult to prove the difference between consensual and nonconsensual sex.  If you want to remain in the home where you both reside, then you can consider seeking a kick out order in your application for protective order while simultaneously filing a separate divorce action against him.  These are two separate lawsuits, so you will most like have to pay your attorney for two separate cases.  In some cases involving family violence, the courts may allow for the nondisclosure of private address information, but you have to make a compelling case for it.... Read More

In order to hold a premises owner liable for injuries on their property, you have the burden to prove that they were negligent. For example you must prove that the owner had a dangerous condition that caused the trip and fall. What was the negligence on the part of the property owner that caused you to fall? Do you have pictures of the accident site where you fell? ... Read More

The general rule in most states is that once a person has the intent to give a gift to another person, and relinquishes control, and dominion and possession of that property over to the other person, then the gift is completed, and it cannot be revoked. However, if a gift is given in contemplation of marriage, and the donee of said gift does not go through with the marriage, then the gift giver can sue for a return of the gift. This is the general rule, so you should call an attorney in your jurisdiction for more specific advice.     ... Read More

You can TRY but you risk being charged with false police reporting. The notion of law enforcement "bullying" you into perjury or false police reporting, especially if you called them to the scene, is inherently "problematic." Anyone who has practiced criminal or family law for more than a month has seen the claimed victim of a DV event later try recant the police report when the reconcile with the offender - its the reason why so many prosecuters now prosecute victims who try to imepede prosecution. ... Read More

You need to contact your husband's attorney or hire your own and submit an affidavit of non-prosecution to the DA handling the case.  While it does not guarantee that the DA will drop or dismiss the charges, it provides a solid reason to do so.  DAs do not need a complaining witness to press charges for domestic violence.  Other factors they will consider include prior domestic violence charges.... Read More

Good Morning,  You are under no obligation to speak to a detective.  It is your Fifth Amendment right to remain silent when law enforcement asks you questions meant to elicit responses that can subject you to criminal charges.  If you want to speak to them, it is best to have a lawyer present to advise you as you are being questioned.  Please remember, even if you answer some questions, you can invoke your right not to answer at any time.  Also, if you are exercising the right to remain silent or have a lawyer present, you need to clearly state that.  Asking or contemplating if you should remain silent or have an attorney does not invoke those rights.... Read More

The question really is "To do what?"  If you mean are you required to have an attorney as the Petitioner in a TPO court, the answer is "no," although it is often easier and more persuasive for a lawyer to assemble and present the facts since that is what they do for a living.  If you mean to figure out what to do about other custody, visitation, support, and property rights, then the answer is probably yes, at least to consult with a qualified family law specialist to find out what your rights are and evaluate your options.  You should probably start with the detailed subject-by-subject information and materials posted on our website, and then figure out whether a consultation would assist you.... Read More

Probation typically does not get 'back dated' so it starts the day you enter your guilty plea - so the two probations likely will run at the same time but the one you entered into later will extend past when the other one ends. That said, if you do well on probation, sometimes the probation department will ask to terminate your probation early or put you on unsupervised probation at some point.  Possibly if you have the same probation officer for both (i.e. one county transfers supervision to the other county), that probation officer will treat them as ending at the same time.... Read More

While criminal contempt is a serious charge, it is not necessarily one that can't be resolved without jail time. Generally speaking your attorney should be negotiating with the District Attorney's Office towards a possible disposition that would not involve you going to jail. Typically these can include violations, adjournments in contemplation of dismissal, or even in a worst case scenario a misdemeanor with a program. Your best bet though is to contact an experienced criminal defense attorney to help you by negotiating with the DA. Good luck!... Read More