Wilmington Domestic Violence Lawyer

Domestic violence charges in Wilmington, NC, are serious and can throw your life into chaos fast. When you need legal protection, having the right lawyer matters. These cases move quickly, and the stakes are high—your freedom, reputation, and even your family relationships could be on the line.

At Marshall & Taylor PLLC, we know how overwhelming and emotional these cases can be. If you are up against false accusations, dealing with a protective order, or facing custody battles tied to domestic violence claims, we’re here to fight for you. Call us today at (919) 833-1040 to get the help you need from a Wilmington lawyer. 

What Counts as Domestic Violence in North Carolina?

Domestic violence covers a wide range of actions, and in North Carolina, the law takes a broad approach when defining what qualifies. According to North Carolina General Statutes Chapter 50B, domestic violence involves any of the following acts committed against someone with whom the accused has a personal relationship:

• Physical harm or assault – Intentionally inflicting bodily injury or making an attempt to do so, causing pain or harm.
• Threats of harm – Actions or statements that create a reasonable fear of serious injury, including ongoing harassment that results in significant emotional distress.
• Sexual assault – Any non-consensual sexual act, including forced or coerced contact, that violates personal autonomy.
• Stalking or harassment – Engaging in repeated behavior, such as following, monitoring, or sending unwanted messages, intending to intimidate, frighten, or threaten the victim.

These laws are in place to help keep people safe and give them legal options if they’ve been affected, showing just how seriously North Carolina takes domestic violence. 

Who Can Be Considered a Victim?

Under North Carolina law, domestic violence is not limited to spouses or romantic partners. It applies to:

• Current or former spouses – Married or previously married individuals.
• Parents of a child – Individuals who share a child, regardless of relationship status.
• Family and household members – Including relatives, cohabitants, or former cohabitants.
• Dating partners – Those in a current or past romantic relationship.

Domestic violence charges can arise in many situations, not just between married couples. Even former partners or roommates who never lived together may be involved in a case. 

The Legal Consequences of a Domestic Violence Charge

You cannot ignore a domestic violence charge. A conviction means jail time, fines, and restrictions that can wreck your life. The best move? Get a strong defense—fast. 

Criminal Penalties

If convicted of domestic violence in North Carolina, penalties vary based on the severity of the offense but often include:

• Jail or prison time – Depending on the case, this could be a few days or several years.
• Fines – Court-ordered payments that can add up fast.
• Domestic violence programs – Required counseling or intervention programs.
• Probation – Comes with strict rules, like staying away from certain people.

Some domestic violence charges are misdemeanors, but if there is serious injury, you could be looking at a felony. A conviction sticks with you—it can mess with your record, job options, and future plans, making it hard to move on even after you have done your time. 

Protective Orders (50B Orders)

Victims of domestic violence can seek a Domestic Violence Protective Order (DVPO), commonly called a 50B order. This type of restraining order can do the following:

• Prohibit contact with the alleged victim
• Remove the accused from a shared home
• Grant temporary custody of children to the alleged victim
• Restrict firearm possession

A protective order can be issued quickly, sometimes without the accused even being present in court. Violating a 50B order can result in additional criminal charges, including jail time. If someone files a protective order against you, it is critical to act fast and consult a domestic violence attorney to challenge it. 

Impact on Child Custody

Domestic violence accusations can seriously affect child custody. If a judge thinks a parent might be a risk, they could lose custody or only get supervised visits. Even if the accusations are untrue, they can sway the court. Judges care most about what is best for the child, and just having domestic violence brought up—even without proof—can change everything. That is why a solid legal defense is so important. A good lawyer can push back on false claims, bring objective evidence, and fight for your rights as a parent. 

Impact on Your Reputation and Employment

Domestic violence accusations do not just disappear—they stay with you. A conviction can destroy your reputation, take away career opportunities, and, in some industries, end your future entirely. The accusation alone can create lasting consequences even if the charges do not hold up. This is not something you can afford to take lightly. You need a strategic, aggressive defense to protect your rights, career, and future. 

How Marshall & Taylor PLLC Can Help Defend Against Domestic Violence Charges

Being charged with domestic violence in Wilmington, NC, does not make you guilty. These cases can stem from misunderstandings, false accusations, or escalating conflicts. But make no mistake—the legal system takes these charges seriously, and without a strong defense, you risk life-changing consequences. At Marshall & Taylor PLLC, we ensure your story is heard and build a defense that protects your rights. Here’s what we can do for you. 

Challenging False Allegations

False domestic violence accusations are way more common than people think, especially during messy breakups, divorces, or custody battles. Even if the claims are untrue, being accused can cause many problems. The best way to fight back is to prove the lies, find solid evidence, and call out weak accusations. Standing up for yourself can help protect your rights and keep your reputation from getting ruined. A good lawyer can make all the difference, making sure the truth comes out so you do not end up paying for something you did not do. 

Investigating the Evidence

We carefully review all the evidence, including police reports, witness statements, medical records (if injuries are involved), and even texts, emails, or social media messages. If we find weak spots or inconsistencies, we use them to counter the prosecution, working to get charges reduced or even dropped so you can move forward without this hanging over you. 

Negotiation and Litigation

Resolving a case without trial is often ideal, and we negotiate with prosecutors to reduce charges when possible. However, if your case goes to court, we fight aggressively to defend your rights and freedom, building a strong defense to challenge the prosecution’s claims and achieve the best possible outcome. 

Navigating Protective Orders

If you are dealing with a restraining order, we can fight it in court to lessen its impact on your life. If you need one for protection, we help with that, too, making sure you get the legal order to stay safe. We have your back whether you are trying to get a restraining order or stop one. 

Frequently Asked Questions

Our clients always come to us with questions. We’ve answered some of the ones we most often hear below for your information.

Can a domestic violence charge be dropped?

Yes, but it is not just up to the accuser. Only the prosecutor can drop charges in North Carolina once they are filed. The case might still move forward even if the accuser wants to return it. Strong defense matters because it can challenge the evidence and push the prosecutor to lower or even drop the charges. 

What should I do if I’m falsely accused?

Stay calm and avoid all contact with the accuser, including social media. Any interaction could be used against you. Instead of defending yourself directly, consult an experienced domestic violence lawyer immediately to understand your legal options and build a strong defense to protect your rights and future. 

How does a DVPO affect my daily life?

A DVPO can control where you go, who you talk to, and even where you live. Breaking the rules can get you arrested fast, so you must know your limits and get legal help to protect yourself. 

Will a domestic violence charge affect my gun rights?

Yes, under federal law, if you are convicted—even of a misdemeanor—you cannot own or have a gun. This can be permanent, so knowing what is at stake and getting legal help fast if you are facing charges is important.

Can a domestic violence charge impact my immigration status?

Absolutely. A domestic violence conviction can lead to deportation or stop you from becoming a citizen. The immigration consequences are serious, so it is crucial to have a lawyer who knows both criminal and immigration law. They can help protect your status and find ways to lessen the impact of the conviction. 

Get Help from a Wilmington Domestic Violence Attorney Today

If you are facing domestic violence charges in Wilmington, NC, you need to move fast because these cases can escalate quickly and have serious consequences. The right lawyer can make a huge difference. At Marshall & Taylor PLLC, we know how to fight these charges and protect your rights, whether you are dealing with false accusations, a protective order, or custody issues. Call (919) 833-1040 today for a confidential consultation, or visit our contact page, and let us start building your defense.