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North Carolina Criminal Defense Attorneys
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Domestic Violence Escalates To Raleigh Shooting Death

A month after a domestic violence protective order was issued by a North Carolina District Judge, Marco Vellotti is in police custody and accused of fatally shooting his wife, Agata Flipska Vellotti. The couple had recently separated and was involved in a custody dispute related to their 7-year-old son.

The boy is now in the custody of the appropriate North Carolina agency.

On an internet message board related to family court corruption, Marco Vellotti (or someone sharing or posting under his name) denied the allegations of domestic abuse, claiming that he was in fact the victim when his wife left with their son for five days without telling him where they were. "The allegations against me were not proven and they were false! ... By the way my wife was the one that abducted my son and for five days I lived in hell!" the posting read.

Another posting by the same author claimed that the protective order hearing, "brought out the worst in me."

Violating A Domestic Violence Protective Order

It can readily be assumed that the protective order was violated in this tragic shooting death.

Because the purpose of a protective order is to keep an abuser away from his or her victim, violating a protective order is a Class A1 misdemeanor. Law enforcement does not need a warrant to arrest a person for whom they have probable cause to believe is in violation of a valid protective order.

Penalties for a protective order violation also include an escalation of punishments for other crimes. If a felony is committed in violation of a protective order, if convicted, the penalties for the felony are punished at one level higher than the actual felony itself.

If Vellotti is convicted in the shooting death of his wife, however, the penalties for violating the protective order will be the least of his worries.

Source: WRAL.com, "Domestic violence could be factor in fatal Raleigh shooting," 8/30/2012

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