Raleigh Domestic Violence Lawyer and Attorney
When police are called to a residence based on allegations of domestic violence, usually their first instinct is to arrest and remove one of the parties from the home no matter what actually happened. Domestic Violence Law in Raleigh and Wake County is defined as any assault or violation of a domestic violence protective order occurring between two individuals who at some time have been romantically involved. Dewey P. Brinkley is a former domestic violence prosecutor in Wake County and understands the strengths and weaknesses in your case.
At The Law Office of Dewey P. Brinkley, we have zealously defended clients charged with domestic violence offenses, including:
- Assault on a Female
- Simple Assault
- Assault with a Deadly Weapon
- Assault Inflicting Serious Injury
- Felong Assault by Strangulation
- Violation of a 50B Order (Restraining Order)
- Communicating Threats
- Stalking, Cyber Stalking
- Domestic Criminal Trespass
If you would like to schedule a free initial consultation to meet with attorney Brinkley, call us at 919-832-0307 or contact us online today.
After Domestic Violence Charges: What Next?
Domestic violence charges in Wake County are defined as any assault or violation of a protective order between individuals who have at some point been romantically involved. The defendant will usually be ordered to have no contact with his or her accuser until the case is resolved. If you live with the alleged victim, this means that you will not be able to go to your home while the no contact provision remains in effect, not even to gather belongings or to visit children, unless you are accompanied by a police officer. You are also restrained from visiting the accuser at work or school. A violation of the no contact provision will result in an order for your arrest being issued, usually with the judge setting a high secured bond.
First time offenders in Domestic Violence Court are sometimes afforded the opportunity to earn a dismissal of the charges or a prayer for judgment continued upon successful completion of certain requirements. These requirements may include but are not limited to:
- Completion of a batterer’s intervention program, either D.O.S.E. (Domestic Offenders Sentenced to Education) or an equivalent 26 week program.
- A substance abuse assessment and completion of the recommended treatment, if alcohol or drugs were a factor in the assault.
- The Safechild class, in instances where children may have witnessed the domestic violence.
- Family counseling, anger management classes or a mental health assessment and treatment.
- Conditions that the defendant have no contact with the victim, or not harass, assault or threaten the victim.
Depending on the client’s criminal record, the court has wide latitude in sentencing the defendant charged with a domestic violence related offense. Punishments can include unsupervised probation, supervised probation with or without a period of intensive probation, and, in the worst case scenario, up to 150 days in jail.
We Can Help You Overcome Domestic Violence Charges
Our Domestic Violence Criminal Defense Law Firm in Raleigh has successfully defended many individuals at trial who were wrongly accused of domestic violence. In other instances we have persuaded the State to offer a dismissal of the charges under certain conditions. We understand the impact that a potential conviction of this nature places on an individuals life, present and future employment, and reputation in the community.