Durham Domestic Violence Lawyers

Domestic Violence

Durham Domestic Violence Lawyers

A terrible form of abuse that happens when two people have a close or personal relationship together is called domestic violence. Men and women of different ages and social classes are among the victims. Domestic violence crimes are some of the crimes that go unreported the most.

Regrettably, controlling, intimidating, and abusive partners often escalate their behavior over time. To learn more about your rights and safeguard yourself from future harm, you must get in touch with a North Carolina domestic violence attorney if you have been the victim of domestic violence.

Constantinou & Burkert, PLLC, domestic violence lawyers in Durham, have expertise representing victims of abuse at home and with intimate partners. We can discuss your legal rights and what you can do to protect yourself and your family, such as requesting a protection order. Many Durham individuals have benefited from our law firm’s caring and dedicated legal representation in escaping situations of abuse.

What Are the Different Types of Domestic Violence Charges?

Depending on the details of the case, law enforcement may file a number of criminal charges against a violent or abusive spouse. These charges may include:

  • Assault on a female

  • Assault within the presence of a minor

  • Simple assault

  • Sexual battery

  • Communicating threats

  • Domestic criminal trespass

  • Stalking

  • Violation of an order for domestic protection.

In some instances, criminal prosecution could be warranted based on the specific circumstances. You might be able to defend yourself from additional violence or domestic abuse by taking other proper legal steps.

For instance, as we’ll cover below, we might be able to assist you in getting a domestic violence protective order or permanent restraining order. An abuser would be prohibited from threatening or following you under the order.

Call Constantinou & Burkert, PLLC, our Durham NC domestic violence attorneys, to learn how we could help you if you or your child are the victim of domestic violence.

What is considered domestic violence in North Carolina?

Domestic violence is described by North Carolina law as abuse or violent acts committed by two people who are intimately involved.

The fact that laws against domestic violence do not only affect married couples should be taken into account when defining what constitutes domestic violence.

Domestic violence can also happen between the following parties:

  • The guardians or parents and their children.

  • Grandparents and grandchildren

  • Two people that live together

  • Dating couples of opposite sexes

  • A couple who are parents to the same child

In the state of North Carolina, the following abusive acts are classified as domestic violence:

  • Intentionally bringing injury to oneself or attempting to do so.

  • Using threats of harm or ongoing harassment to create fear in the victim of abuse or another member of their family.

  • Rape, sexual assault, or other sex-related offenses against the abused person.

What to Do if You Are a Domestic Abuse Victim?

To protect oneself, you must know what to do in the event of abuse or domestic violence. Abusers frequently exhibit unpredictable behavior, turning seemingly insignificant events or disputes into violent altercations.

Making a plan of action is essential in case you find yourself in an abusive situation, regardless of whether you currently seek safety from an abusive atmosphere or live alongside an abuser or possibly harmful individual.

An extra step you can take to safeguard yourself from someone abusive is to obtain a protection order, sometimes known as a “restraining order.” North Carolina courts grant two types of protection orders:

 

  • Temporary protective order (TPO) or ex parte. In an emergency, this type of protection order can be granted immediately, or it can take as little as 72 hours from the time a request is made. These are temporary orders that are granted without the abuser’s presence at the court hearing.

  • 50-B domestic violence protective order (DVPO). A full hearing is required before a 50-B order can be issued, and it is valid for a maximum of one year.

  • You must persuade the court that you require protection to obtain either type of protective order.

    Legal action may be taken if either type of protection order is broken. You must provide the court with evidence of your need for protection to get any order. A domestic violence lawyer in North Carolina can represent you in court and show the court why your case calls for a protective order.

    Role of Durham Domestic Violence Lawyers

    The role of Durham domestic violence lawyers is pivotal in addressing and navigating the complex legal issues associated with domestic violence cases.

    These legal professionals specialize in providing assistance and representation to individuals who are either victims of domestic violence seeking protection or individuals facing allegations of domestic violence.

    Here are some critical aspects of their role:

     

    • Legal Advocacy for Victims: Domestic violence lawyers in Durham play a crucial role in advocating for victims of domestic violence. They assist victims in obtaining protective orders, also known as restraining orders, which can help ensure the safety and well-being of the victim and any children involved. These professionals guide victims through the legal process, helping them understand their rights and options.

    • Legal Defense for the Accused: These lawyers provide legal defense for individuals facing accusations of domestic violence. They work to protect the rights of the accused and ensure a fair legal process. That may involve challenging evidence, presenting alternative perspectives, and crafting a solid defense strategy. The goal is to secure the best possible outcome for the accused, considering the circumstances of the case.

    • Navigating Family Law Issues: Domestic violence cases often intersect with family law matters, such as divorce, child custody, and visitation rights. Durham domestic violence lawyers assist clients in navigating these complex legal issues, ensuring that the interests of their clients and any affected children are appropriately represented.

    • Legal Counseling and Support: These lawyers provide legal counseling and support to their clients, helping them understand the legal implications of their situation and making informed decisions. It may involve explaining the legal process, advising on available options, and offering guidance on the potential outcomes of different courses of action.

    • Courtroom Representation: In cases that proceed to court, domestic violence lawyers represent their clients during legal proceedings. It includes presenting evidence, cross-examining witnesses, and arguing legal points before the court. Their goal is to effectively advocate for their client’s position and secure a just resolution.

    • Durham domestic violence lawyers provide more than traditional legal representation. They also address the complex legal and emotional challenges associated with domestic violence cases. If you need the services of a domestic violence lawyer in Durham, call our law firm at (919) 683-1302.

      Your Reliable Domestic Violence Attorney

      Seeking a domestic violence protective order may be warranted if there is physical abuse, harassment, or a possibility of physical violence that causes significant emotional distress. A family link between the parties is required to get a protective order (for example, spouses, biological parents of the child, siblings, domestic partners, parent and child, etc.).

      Even in cases when the parties have a child together, a protection order mandates that the suspected perpetrator of domestic violence stop acting and stay away from the person who filed the request. A breach of a protective order is a crime, even when an allegation of domestic abuse is not.

      The delicate and unique nature of protective orders necessitates seeking the assistance of knowledgeable legal counsel whether you want to request one or need to fight against one. Constantinou & Burkert, PLLC is the law firm you could rely on.

      What are the Common Defenses For Domestic Violence Charges?

      In circumstances of domestic abuse, a number of defenses, such as self-defense and defense of others, may be available. Of course, every situation is unique. When it regards domestic violence allegations, the facts count.

      It could benefit your criminal defense attorney if the victim chooses not to pursue legal action.

      We think it’s critical to have a knowledgeable domestic abuse attorney on your side who can guide you through the criminal justice system and defend your rights.

      For a free consultation if you have been accused of domestic violence in Durham, NC, please get in touch with our legal team.

      We can assist you in comprehending the accusations made against you and start building a defense.

      To begin, call the criminal defense attorney’s office of Constantinou & Burkert, PLLC, at (919) 683-1302.

      How Can Attorneys Help With Criminal Charges?

      Attorneys may help you by guiding you through the legal system and informing you of your rights and options.

      They can also represent you during a trial if you decide to pursue it.

      The result of your case can significantly change whether you have legal representation. The legal system is somewhat complex, and as previously mentioned, there could be serious consequences.

      For a free consultation, get in touch with our law firm today.

      Why Choose Us?

      At Constantinou & Burkert, PLLC, we understand that navigating the complexities of domestic violence cases can be overwhelming and emotionally charged. Choosing the proper legal representation is crucial to ensure your rights are protected and your case is handled with the utmost care.

      Here are compelling reasons why you should choose us:

      • Expertise in Domestic Violence Law: Our seasoned attorneys specialize in family law, especially domestic violence, and bring a wealth of experience. We are well-versed in the intricacies of the legal landscape, ensuring you receive knowledgeable guidance throughout the process.

      • Compassionate and Supportive Intervention: Our legal team recognizes the sensitive nature of domestic violence cases and approaches each client with empathy and compassion. We prioritize creating a safe and supportive environment, providing a platform to share your story while reassuring you that you are not alone.

      • Personalized Legal Strategies: No two domestic violence cases are alike. We meticulously analyze the details of your situation, collaborating with you to develop personalized legal strategies. We aim to align our approach with your unique circumstances and desired outcomes.

      • Proactive and Diligent Trial Representation: Proactivity and diligence are the cornerstones of our representation. We stay ahead of potential challenges, taking decisive actions to secure the best possible outcome for your case. Trust us to be your assertive advocates, prepared for every aspect of the trial process.

      • Clear Communication and Client Resources: Effective communication is paramount in a successful attorney-client relationship. We prioritize transparent and open communication, keeping you informed at every stage. Additionally, we provide the resources needed to understand the legal process, empowering you with knowledge and confidence.

      When you choose us, you are choosing more than legal representation; you are choosing a commitment to justice, proactive intervention, and a wealth of experience and resources aimed at achieving the best possible outcome for your domestic violence case.

      FAQs

      Here are some frequently asked questions.

      Q: How can I find a reputable Domestic Violence Lawyer in Durham?
      You can research online, ask friends or family for recommendations, or contact the local bar association for a list of qualified Durham Domestic Violence Lawyers.

      Q: What evidence is crucial in a domestic violence case in Durham?
      Evidence may include eyewitness accounts, medical records, text messages, and other documentation. Our Durham Domestic Violence Lawyer can help you determine the most relevant evidence for your case.

      Q: How does law enforcement typically handle domestic violence cases in Durham?
      Law enforcement may arrest the alleged offender, gather evidence, and file charges. Our Durham Domestic Violence Lawyer can guide you through the legal process and protect your rights.

      Q: What are common practice areas for Durham Domestic Violence Lawyers?
      Practice areas often include:

      • Defending against false accusations.

      • Assisting with protective orders.

      • Advocating for clients in court regarding issues like child custody and spousal support.

      Q: What factors should I consider when choosing a Domestic Violence Lawyer in Durham?
      Consider factors such as experience, expertise in domestic violence cases, reviews of previous clients, and the lawyer’s approach to building a solid defense or seeking justice for victims.

      Q: Are there specific laws or regulations in Durham that impact domestic violence cases?
      Durham may have specific laws and regulations addressing domestic violence. Our super lawyers in the state of North Carolina are well-versed in local statutes to build a strong case.

      Let Our Attorney Fight For You

      It is simple for feelings to stand in the way of your goals when dealing with domestic violence situations. Allow our lawyers to be the compassionate and strong advocates you need.

      If you live in the Durham area, you can set up an initial consultation today by emailing attorney Burkert or calling (919) 683-1302. If you have legal issues, now is always an excellent time to contact a lawyer. Take action now to protect your legal rights.

      For questions and more information, call our law firm today!

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(919) 683-1302

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Testimonials

“30 years experience with this law group and I find them to be realistic and if the truth hurts then so be it. Matthew and John are outstanding and unique in my book and I have a treasure of memories ❤️ 💕 ♥️ ✨️ 😊. I am Grateful and thankful for all experiences and knowledge that was stored upon me. Immensely Beautiful and awesome staff also and taking the time and patience 😀 with me. I love you all and I pray to Allah he will continue to bless and Guide you everyday.”

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