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Domestic violence is a concept used to refer to “the violence exerted in the field of family coexistence or assimilated, by one of the members against another, against some of the others or against all of them”.  It includes all acts that are violent, from the use of physical force, to harassment, harassment, or intimidation, which occur in a household, and perpetrated by at least one member of the family against another family member.

It doesn’t matter if the aggressor shares or has shared the same address, and includes among other crimes, rape, physical and psychological abuse and sexual abuse. It may also include repeated psychological abuse, sexual assault, progressive social isolation, punishment, intimidation and / or economic coercion.

Violence is a behavior that is learned

Victims often feel powerless in the face of attacks of violence, blaming themselves for not preventing it or believing that they cause it. They may feel high levels of nervousness, suffer post-traumatic stress and have problems in the performance of their activities. Children who live in violent homes tend to miss school more, behave violently or aggressively.

Not all victims of domestic violence apparently suffer short- or long-term consequences because of this. These consequences depend on the case and can be very different from person to person.

Domestic violence affects people of all ages, levels of education, social classes and income, but it is difficult to know exactly how common it is because many people hide abuse from their partner, spouse or other family members. 

In the European Union, the laws against aggressions in the home are very strict. In general, any abuse or abuse to the spouse or person in the family environment is considered a crime. By American standards, aggression does not have to be only physical. It is also considered an aggression when a member of the couple intentionally threatens their counterpart with physically violence, even if the violence does not actually happen. This threat expressed in words or acts of demonstration of violence is considered by North Carolina & federal laws to be a crime.

5 Surprising Facts About Domestic Violence In North Carolina

#1 – In the state of North Carolina, domestic violence is considered a serious criminal offense that may carry the same consequences as murder.

In North Carolina it can be something peculiar in terms of how quickly the police forces and the justice system can work against them. It is not necessary to have serious physical harm to be considered a victim of domestic violence. Domestic violence can occur physically or psychologically. Nor is it necessary for the aggressor to be her husband, not even her boyfriend. The aggressor may be someone with whom you live or have lived or someone with whom you have a child.

Britney´s Law, enacted in July 2017, increases the possibility that a person accused of domestic violence may be charged with first-degree murder.

Previously, if a person killed his partner, he could be accused of second-degree murder (that is, he killed the person without having the intention to do so). Now with this law, prosecutors are allowed to use the defendant’s domestic violence record against the victim as evidence of premeditated murder (first degree)

#2 – Victims can apply for protection in secret before the Criminal and Civil Court in cases of domestic violence in North Carolina.

There are several legal ways that victims can use to protect themselves from further abuse, including calling an officer or asking for a protection order.

The Civil Court deals with non-criminal cases such as divorce, child custody and protection orders. This court may order a parent to pay child support, it may also order that minor children can not leave the state without the court’s permission. If a civil order is not obeyed, the judge can hold the rapist liable for contempt of court, this can result in a fine or imprisonment. Orders of protection are also imposed by the police.

The Criminal Court deals with criminal cases such as assault or assault. The police (the officer) can arrest anyone who commits a crime. People arrested for domestic violence will be held in jail without bail for up to 24 hours. The attorney of the Prosecutor’s Office will determine if there is enough evidence to prosecute the case. Victims have the right to appear at each hearing. The Office of the Prosecutor will keep you informed about what is happening with your case. If the defendants are found guilty or arrested for a crime, they can be sentenced with jail, counseling, payment of fines, court costs, or ordered to attend an intervention program. The criminal violation of an Order of Protection can be enforced by the police and by the Criminal Court.

#3 – The victim can obtain an Order of Protection of Domestic Violence

North Carolina recognizes domestic violence as a serious crime and that is why it has created the Protection Order, which specifically deals with cases of domestic violence. There are four types of protection orders: (1) against domestic violence, (2) against repeated violence, which is used when individuals are not relatives, or members of the household, (3) against dating violence, (4) ) against sexual violence.

Any person who has been a victim of a domestic violence crime, or believes that he or she is really in danger of being a victim, can request an Order of Protection. A protection order can order the abuser to immediately stop the violence or harassment, leave the home (if they live together), avoid contact with the victim at home, work, or school, attend intervention classes and receive therapy of concierge. The Order can also provide temporary custody, visitation, and the maintenance of minor children or spouses.

#4 – Victims of this crime can claim compensation.

The Victim Compensation Service in the state of North Carolina reimburses citizens who suffer medical expenses and lost wages as a result of being an innocent victim of a crime committed in North Carolina. Victims of rape, assault, child sexual abuse, domestic violence and drunk driving, as well as families of homicide victims are eligible to apply for financial assistance.

#5 – Victims without legal status can obtain immigration benefits

Victims without legal status who suffer from domestic violence usually worry about calling the police for fear of being deported. The abuser regularly uses threats as a tactic to scare victims into silence. However, these victims have the possibility of obtaining migratory benefits, such as temporary legal status or work permit. It is important to report the aggressor and follow the process until the aggressor has been found guilty.

This article aims to be useful and informative. But legal issues can be complicated and stressful. A qualified family law attorney can address your particular legal needs, explain the law and represent you in court. Take the first step now and contact our family & domestic violence law attorneys in Charlotte, North Carolina to discuss your specific legal situation.

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