Can Greensboro family law attorneys speak about electronic monitoring of domestic violence offenders? Yes! Currently, there is a House Bill that has been introduced which will allow for a pilot program in Forsyth County for the use of GPS tracking devices on domestic violence offenders.
Based on the history of cases in North Carolina, this program would surpass previous law regarding the use of these devices on domestic violence offenders.
Usually, electronic monitoring is only allowed for defendants with certain pending charges, or defendants on probation that are required to stay at home. For more information regarding domestic violence offenders and GPS monitoring, speak with a Greensboro family law attorney today!
There are currently other states that have allowed for the use of GPS monitoring of domestic violence offenders, so this is not a completely new idea or topic within the law. The obvious spark for this idea was set forth to safeguarding victims. There are a variety of ways that programs using the GPS tracking of domestic violence offenders can work. For example, there are variations regarding whether a judge can merely order the monitoring upon the issuing of a Domestic Violence Protective Order, or whether the convicted defendant must first violate a protective order or commit another domestic violence crime before being electronically monitored. These are the issues that North Carolina will consider in the coming years after this initial introduction of the use of the GPS monitoring for domestic violence offenders.
Greensboro family law attorneys are here to answer your questions and address your concerns about this new practice!
Traditionally, the use of a GPS tracking device on a person is a search under the Fourth Amendment, so there are concerns when implementing a policy such as this. So far, courts have set a generally high bar for allowing this. There will be considerations when evaluating the GPS usage, such as how violent the offense was, or even how long is necessary to monitor the offender. As always, it’s important to speak with a Greensboro family law attorney to know all of your options!
The Greensboro family law attorneys at Garrett, Walker, Aycoth, and Olson know the requirements of the law and also genuinely care about each case presented to them! For more information about the use of GPS monitoring of domestic violence offenders, call 336-379-0539 today; we are here to help!
- Former President, Greensboro Criminal Defense Lawyers Association
- Elected member, Criminal Justice Section, North Carolina Bar Association
- Selected to present the Wade M. Smith Award for Top Criminal Defense Lawyer in North Carolina
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Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539
This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.