Domestic Violence cases in North Carolina are always serious, even more so now during the COVID-19 pandemic because of the different consequences that can come during these difficult times. The intersection of the criminal and civil restraining order hearings makes it very important that you speak to a lawyer who can handle both cases for you as soon as possible.
First, it is important to know that while most courtrooms are shut down during COVID-19, domestic violence courtrooms are running. This means that for both the 10-day temporary restraining orders, and the 1-year permanent restraining orders, hearings are still being held pursuant to North Carolina law, and being recorded. In many domestic violence cases these civil restraining order hearings often are attached to a criminal case, and while the full criminal case won’t be heard for quite some time, there are pre-trial release and civil matters that must be taken into account immediately.
PRE-TRIAL RELEASE
In North Carolina, domestic violence cases require the bond, or other conditions of pre-trial release to be set by a district court judge, unless a district court judge isn’t available within 48 hours. Once a warrant for a domestic violence case is issued you have to turn yourself in or you will be arrested when police come into contact with you. The timing of either of these can be of the upmost importance especially with the court system’s altered schedules with COVID-19. Turning yourself in or being arrested at the wrong time could result in you having to spend many days in jail.
CIVIL MATTERS (Restraining Orders)
As stated above, many times in a domestic violence case, there are two parts; a criminal, and a civil part through a restraining order. While the criminal matters are going to be delayed, the civil will not be, this means that you need to get in touch with a skilled attorney who can represent you in both cases as soon as possible. There are several reasons that you need an attorney for both the criminal and the civil hearing; the eviction from a shared residence, the temporary child custody and/or child support that may be ordered, the loss of the ability to possess any firearms, along with several other key determinations that can be made by a judge during these times.
CRIMINAL MATTER CONSIDERATIONS
Many District Attorney’s offices in the Greater Charlotte Area will not negotiate or dismiss domestic violence cases prior to the first court date, this is mainly because of the restrictions placed on them by Marsy’s Law. This does not mean that there is not important work that needs to be done as quickly as possible in your case. First, a full interview needs to be done to identify possibly witnesses, both for and against you, set up the timeline of events, and determine what needs to be requested. Next, you attorney is going to need to request important documents, videos, and recordings. Finally, trial preparation is often essential in DV cases, as these trials often come down to, he-said vs. she-said arguments.
If you or someone you know is facing allegations of domestic violence, please contact us as soon as possible to schedule your free consultation today, we are open and working like normal to serve our clients and the Greater Charlotte Area.