Domestic Violence Lawyer Greensboro, NC
What is a Domestic Hold?
In Greensboro, NC, if a crime involves domestic violence and you’re arrested this can lead to a Domestic Hold on you until they are able to have you go before a District Court Judge. A hold means you will be unable to bond out, and will have to wait to appear in front of a District Court Judge before being able to do so according to a domestic violence lawyer Greensboro, NC.
What is a 48 Hour Hold for a Crime of Domestic Violence?
When someone is arrested for a domestic violence, we often hear from people that they’re going to have to wait 48 hours for them to be released. The 48 hour hold only comes into play if there’s 48 hours between the time of your arrest and the next first appearance calendar. This typically only happens on weekends or during the holidays where there’s a number of days between when the courthouse is open.
A 48 Hour Hold is when you have to wait 48 hours before your bond is set by a magistrate. A magistrate cannot give you a bond in the first 48 hours you are in custody if you’re arrested for a crime involving domestic violence. During the first 48 hours, legally, the only group of people who can set a bond for you are District Court Judges. After this period of 48 hours has elapsed, then you will be able to be brought before a magistrate and have a bond set and the domestic hold removed.
Our domestic violence lawyers figure it’s helpful to give an example:
If you’re arrested Friday at 4 PM, they will not be able to put you on a first appearance calendar until the next business day which is Monday. You’ll go in front of a magistrate who will issue a domestic hold or 48 hour hold on your bond. Come Sunday at 4 PM a full 48 hours will have passed and you had not had the opportunity to have a District Court Judge set your bond because court hasn’t been in session. A magistrate will then be able to set a bond for you and remove the Domestic Hold.
What Type of Relationship Do I Need to Have to Receive a Domestic Hold?
Surprisingly, domestic holds don’t just involve a person you’re currently in a relationship with. It can involve a whole host of other people, and it’s important to bear this in mind if you find out you have a warrant before turning yourself in.
The following domestic relationships will result in a domestic hold:
- Spouse (Wife or Husband)
- Former Spouse (Ex-Wife or Husband)
- Person Who Lives in the Same Household (Can be Siblings or Roommates)
- Person Who Used to Live in the Same Household (Former Sibling or Roommate)
- Live as if Married (Common Law Marriage – everything but a marriage certificate)
- Formerly Lived as if Married (Former Common Law Marriage)
This is pretty broad and typically the law enforcement officer who took out the charge will be the person who is able to label the case domestic or not. If an officer has labeled the case domestic the magistrate will have no choice but to give you a Domestic Hold or a 48 Hour Hold, depending on the day and time of your arrest.
What Type of Crimes Qualify for a Domestic Hold?
The number of crimes that can lead to a domestic hold is pretty alarming and it’s important to note that some crimes can only be charged if a female is a victim and there’s a different charge if the victim is a man.
- Assault on a Female (Man assaulting a woman)
- Simple Assault (Female Assaulting a Man)
- Assault with a Deadly Weapon
- Assault Inflicting Serious Injury
- Assault with a Deadly Weapon Inflicting Serious Injury
- Communicating Threats
- Domestic Trespass
- Violation of a Domestic Violence Protective Order
- Felony Assault
Please note, a domestic violence protective order or a 50B, is a civil matter. However, the violation of a 50B or domestic violence protective order is a misdemeanor criminal charge that can result in a domestic hold. To learn more about 50B’s click here: domestic violence protective order lawyer
Why do they give Domestic Holds?
Our lawyers in Greensboro are often asked this question. Domestic Holds were initiated by the legislature in order to create a cool-down period after an act of domestic violence takes place. If there was not a hold and police were to charge someone and then they were to get right back out, there is a concern that there could be retaliation for the charge because emotions are still running high. The domestic hold was put in place to create a buffer between the assault or domestic violence charge and the point to which the two people can interact again. There were a number of cases prior to domestic holds being initiated where a person would get out of custody and then commit a more serious act of violence than the one they were initially charged with.
This part make sense, however our domestic violence lawyers in Greensboro, NC have also seen instances where a person isn’t arrested at the scene. Finds out later they have a warrant for assault on a female or some other domestic charge. The cool down period has already happened and then let’s say weeks, months, or even in some instances years later, they turn themselves in or arrested. Sadly, even in these situations the domestic hold would still apply because the magistrate in North Carolina does not have a choice as to whether or not to put a domestic hold in place, they have to.
Is it Possible to Avoid a Domestic Hold when I have Domestic Violence Charges?
For starters, yes it is possible, but only in rather rare circumstances can a domestic hold be avoided. In order to prevent a domestic hold you’ll have to have District Court hearing with a District Attorney and Judge. At this hearing your domestic violence lawyer will have to create a motion and order signed by the DA and the judge allowing for you to have set conditions for pre-trial release. These pre-set conditions could be a bond being set for when you turn yourself in, depending on prior incidences of domestic violence, sometimes the DA will request an ankle monitor. If all parties agree to the conditions then you may be able to avoid the domestic hold. However, most DA’s are leery of singing a consent bond in a domestic violence case because if something else happens then they would be the one having to answer for it. The same holds true for District Court Judges as they want to be cautious on agreeing to pre-set bonds on certain cases because any retaliation in the case may lead to negative effects for them. These may not be proper considerations, when considering the interest of justice, however, our domestic violence lawyers will tell you that these are some of the things we deal when attempting to get a domestic hold removed or prevented. To learn more about bonds, click here: Bond Motion
Can a Domestic Violence Lawyer help me with a Domestic Hold?
Domestic Hold cases in Greensboro, NC are extremely common. Our top rated domestic violence lawyers deal with these situations on a daily basis and we understand the nuances of them to put you situation in the best position possible. If our domestic hold lawyers in Greensboro can prevent a domestic hold or get a pre-set bond agreed to before court, by all means we will make it happen. However, if this is not possible, or you already have a hold on you, our assault lawyers in Greensboro will do everything they can to get bond set at your first appearance.
To learn more about North Carolina law and domestic holds our lawyers in Greensboro NC encourages you to look at NCGS 15A-534. This statute is the rules connected to domestic holds and how they operate in North Carolina.
Contact Garrett, Walker, Aycoth & Olson, Attorneys at Law, if you or someone you know is dealing with a domestic violence case or currently is dealing with a domestic hold. Our law firm is here to help you. Call us today at 336-379-0539.
Or visit us at: 317 S. Greene St, Greensboro, NC 27401