North Carolina 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

You should certainly pursue an expungements of his record of any charges for which he was not convicted.  You may attempt this process yourself, although it is very time consuming and complicated.  I recommend contacting an attorney to help you with this process, however, if you cannot afford an attorney several of North Carolina's law schools have pro bono clinics providing expungements services several times throughout the year.... Read More