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Domestic Violence Archives

Gun rights for domestic violence offenders before appeals court

A man who was convicted of a misdemeanor domestic violence offense in 1997 has sued the United States Attorney General to get his right to carry a firearm restored. At issue is a federal law, 18 U.S.C. § 922(g)(9), which permanently bans the ownership of firearms or ammunition by anyone "who has been convicted in any court of a misdemeanor crime of domestic violence."

A 'nightmare': domestic abuse charge dismissed against ex-deputy

A point that is often quickly and correctly made regarding domestic violence matters in North Carolina and nationally is that domestic abuse -- where it is proven -- is an unmitigated and pernicious evil. Victims -- spouses, unmarried partners, relatives, children and others -- who suffer in myriad ways from physical, emotional and other forms of violence are often extremely vulnerable and immediately in harm's way. Where acts of abuse are being committed, they must be stopped.

One stark reason why domestic abuse claims can be problematic

Every reasonable person in North Carolina is disheartened by the sad reality of domestic violence and the trauma it inflicts on children and families. Where family violence exists, it is a legitimate social and legal concern that must be responded to.

Domestic violence: facts, not allegations, are most important

An online overview discussing one tangent of criminal law refers to "the other end of the victim spectrum," which is a telling comment that we pick up on and address with a bit of detail in today's blog post.

Domestic abuse: the role of an experienced criminal defense attorney

Maybe it didn't really happen that way. Perhaps the "facts" were twisted, with authorities too quickly jumping on the bandwagon of a perceived victim who is actually -- through calculating and manipulative behavior -- a victimizer. Maybe police and prosecutors are being unfairly influenced by immediate perceptions based on sexual stereotypes.

Domestic Violence cases and Fabricated Evidence

The potential for evidence to be fabricated by an unstable and vindictive "victim" is all too frequent, especially in Domestic Violence cases where it is a "he said, she said" courtroom scenario.This case is a classic example. Allegations that the "victim" suffered mental health problems, had possibly falsely reported other incidents and even fabricated illnesses, etc , are all ripe fodder for cross examination by an experienced lawyer.

Domestic Violence bond conditions extended to dating relationships

For Domestic Violence offenses committed on or after December 1, 2015, a defendant in a dating relationship is now subject to possible 48 hour hold and the requirement that a judge (not a magistrate) set the bond. A dating relationship is defined under NCGS Chapter 50B "as one wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship. A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship."

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