Assault andDomestic Violence
Discreet defense in charges that reach the whole family.
A Domestic Violence Charge Requires More than a Court Appearance
These charges rarely arrive alone. They often come with a no-contact order, forced removal from the home, temporary loss of contact with children, and, in many cases, a custody or protective order case that is already underway.
Benitez Family Law works in family court every day. That experience lets us see the criminal case in its full context and coordinate both proceedings under a single strategy.
Matters we commonly handle
- Simple assault (N.C. Gen. Stat. § 14-33(a)): Class 2 misdemeanor
- Assault on a female (§ 14-33(c)(2)): Class A1 misdemeanor
- Communicating threats (§ 14-277.1): Class 1 misdemeanor
- Violation of a 50B protective order (§ 50B-4.1): Class A1 misdemeanor
- Related charges arising from partner disputes, separation, or custody
When the other person is your partner, former partner, or someone you live with or share children with, the case is classified as domestic violence and heard in a specialized court with stricter bond conditions.
What to do now
Comply with the no-contact order completely. No messages, no calls, no messages passed through others. A violation is a new charge.
Keep every message, call log, and photo related to the relationship. Do not delete anything.
Write down the names of everyone present during the incident.
Do not ask the other person to drop the charge. That decision belongs to the prosecutor, and the request can be read as intimidation.
If there is a custody, divorce, or 50B case, tell us. We coordinate them together.
A thoughtful, strategic approach
- Self-defense. In many cases the accused was the one who was struck first.
- Witness availability. Without the complaining witness’s testimony, the State often cannot proceed.
- Inconsistencies. We compare the 911 call, the officer’s report, and later statements.
- The family context. When a divorce or custody dispute is underway, the court needs to know. We know how to present it.
Where your case is heard
- Wake County
- Wake County Justice Center, domestic violence court, Raleigh.
- Forsyth County
- Forsyth County Hall of Justice, Winston-Salem.
What is at stake
- Class A1 misdemeanor: up to 150 days in jail
- Class 1 misdemeanor: up to 120 days
- Class 2 misdemeanor: up to 60 days
- Federal prohibition on possessing firearms after a domestic violence conviction
- Direct effect on any custody proceeding
Frequently asked questions
Can I see my children while the case is open?
It depends on the terms of the order. It is often possible to request a modification that allows contact with the children. We request it promptly.
If the other person does not want to go forward, does the case end?
Not automatically. The prosecutor decides. Without the main witness, however, the case weakens considerably.
What if the other person violates the order?
Document it and tell us. Do not respond.
Will I lose the right to own firearms?
A domestic violence conviction triggers a prohibition under federal law. Avoiding that conviction is a priority of the defense.
- Fees
- Flat fee available, with payment plans. You know the full fee before you sign.
Begin with aPrivate Conversation
The first appearance sets the conditions you will live under for the entire case. Talk to us before that date.
Schedule a Private Consultation