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Will The District Attorney Drop A Domestic Violence Charge?


Domestic violence is a horrible trend that is increasing in many families. It is sad for all parties because domestic violence hurts the entire family by dividing loved ones and causing damage that is often very difficult, if not impossible, to repair. Domestic violence is a crime that North Carolina takes very seriously. District attorneys prosecute domestic violence cases with or without the assistance of the victim because of the terrible effect it has on the entire family, not just on the victim.

What is Domestic Violence?

Domestic violence is not just violent physical acts between spouses. It encompasses a wide variety of acts including but not limited to:

  • Physical violence

  • Threats

  • Cyber-stalking or bulling

  • Stalking

  • Harassing telephone calls

  • Emotional abuse

  • Verbal threats or assault

  • Neglect

  • Child abuse

  • Elder abuse

  • Spousal abuse

  • Assault & battery

The common factor that links all domestic violence charges is the fact that the parties are in a personal relationship with each other. You can have domestic abuse between spouses and ex-spouses, parents and children, other family members, boyfriend and girlfriend or between members of the same household that share a personal relationship.

North Carolina domestic violence is defined as an attempt to cause bodily harm, the intentional act of causing bodily harm, causing the person to fear imminent bodily harm or on-going and continued harassment of the person that causes emotional distress. Because of the violent nature of this crime and the potential harm for the victim, district attorneys in North Carolina prosecute domestic violence charges to the fullest extent allowed by law.

Domestic violence charges are treated very seriously and are difficult to have dropped after they are filed. Even in cases where the victim decides he or she no longer wants to pursue a domestic violence charge, the decision to prosecute the case is solely in the discretion of the district attorney. The district attorney can choose to prosecute the domestic violence charge with or without the victim’s consent or cooperation. Therefore, if you are charged with domestic violence, you must act quickly in order to protect your rights under the law.

Minimize Your Risk by Hiring a Domestic Violence Attorney

Domestic violence is a tragic and real issue that effects many families in North Carolina. While we never downplay the significance nor need for domestic violence laws, we do know that some accusations of domestic violence are used as a weapon in domestic cases, as punishment or as revenge for a failed relationship. A skilled domestic violence lawyer intervenes on behalf of the accused to ensure that he or she receives a fair trial and that his or her rights are protected inside and outside of the courtroom.

A conviction of domestic violence can result in loss of child custody and/or visitation, incarceration, anger management courses, counseling, fines and probation. The State of North Carolina allocates substantial resources to the investigation and prosecution of domestic violence. Make sure that your rights are protected by seeking the advice of an experienced criminal defense attorney.

Contact an Experienced Jacksonville Criminal Defense Attorney

“Attorneys Who Aggressively Protect Your Rights”

The Trevor J. Avery Law Firm is a full service Jacksonville Criminal and Civil law firm that is committed to providing results-driven legal representation to businesses and individuals seeking an alternative to large-firm representation. We focus on getting you the results you want while offering you a cost-effective solution to your legal needs. We understand that we work for our clients; therefore; our attorneys communicate regularly with each client to ensure that the client knows what is going on with the case.

When you have legal problems, you need an experienced legal professional in your corner. No matter the case, you should have an attorney working for you who knows the law and who has the experience to get results. We represent clients throughout Duplin County, Onslow County and the surrounding communities. Call our office at (910) 405-8459 or contact us online today for a free case evaluation.