Domestic Violence Lawyers in Charlotte

Defense Against Domestic Violence Charges

Domestic violence is defined as any act of violence between people who are in a romantic relationship, a familial relationship, or live together. Although the term “domestic violence” is commonly associated with acts of physical abuse, domestic violence crimes may include sexual abuse and emotional abuse, including threats. A person found guilty of domestic violence may face jail time, fine, or restrictions such as restraining orders.

Contact the Law Office of Kelli Y. Allen, PLLC for assistance with domestic violence crimes. Our Charlotte domestic violence attorney is prepared to take on your case.

If you are interested in speaking with our legal team, complete our contact form or call (704) 870-0340.

Definition of Domestic Violence

Domestic violence offenses in North Carolina are based on the existence of a personal relationship between the defendant and alleged victim. Additionally, many crimes that are not domestic violence offenses in-and-of themselves, such as simple assault or communicating threats, can constitute domestic violence offenses if the qualifying relationship exists.

For an offense to be deemed a “domestic violence” crime, one of the following relationships must exist:

• Current or former spouses
• People who live or have lived together
• Parent and child or grandparent and grandchild
• Parents with a child in common
• Current or former household members
• People who are or have been in a dating relationship

Types of Domestic Violence Offenses

If the prerequisite relationship exists, the following crimes are domestic violence offenses.

Assault on a Female (AOF)

This is the most commonly charged domestic violence offense. The State most prove the

following elements:

• Defendant is a male age 18 or older
• Alleged victim must be a female
• Attempts or commits an act of physical violence which puts the victim in reasonable fear of injury

Communicating Threats

The State must prove the following elements:

• Defendant willfully threatened to injure a person or his/her family member (child, sibling, spouse) or his/her property
• Threat may be orally, in writing, or delivered by a third party
• Reasonable person would believe the threat
• Person threatened actually believes the threat will be carried out

Communicating threats is a Class 1 misdemeanor and carries a sentence of up to 120 days in jail.