Raleigh Domestic Violence Attorney
In the State of North Carolina in 2013, according to the North Carolina Department of Justice, there were 108 domestic violence related murders, comprised of 62 female victims and 46 male victims. Wake County is one of the state-leaders in terms of domestic violence related murders; the county contributed to 8 of the 108 murders. Consequently, North Carolina takes domestic violence very seriously, and because of the chaos surrounding domestic violence, as well as the increased possibility of passion-fueled anger and drug or alcohol involvement, police approach these situations very carefully and often detain one or both parties.
As a prominent Raleigh domestic violence lawyer, Dewey P. Brinkley has defended both men and women charged with domestic violence, and since founding the Law Office of Dewey P. Brinkley in 2005, Attorney Brinkley has discovered that no domestic violence case carries a simple definition.
Domestic Violence Defined in North Carolina
To give you an idea of how seriously North Carolina and Raleigh considers domestic violence cases, it is important to note that even if you’re presumed innocent at the scene of the crime, you may be asked to spend a night in jail for a “cooling off” period. This is the only situation in North Carolina law where you can receive mandatory jail time before the ability to post bond. Furthermore, because of the emotional toll involved with these cases, determining the truth behind domestic violence generally depends on one party’s word versus the other’s.
You can find the legal definition of domestic violence in North Carolina under § 50B-1 of the North Carolina General Assembly. In short, domestic violence means that one party has committed an act against an aggrieved party or upon a minor child (or a child in the custody of the aggrieved party), and these acts can include:
- Attempting to cause bodily injury, or intentionally causing bodily injury
- Inflicting significant emotional distress by placing the aggrieved party in fear of imminent serious bodily injury or continued harassment
- Committing any sex crimes, including rape, sexual offense with a child, sexual battery, statutory rape or sexual offense of a person of 13, 14, and 15 years old, and other sex crimes defined by North Carolina law
In Raleigh, as well as many other cities across North Carolina, there are many problems involved with domestic violence cases. For example, most domestic violence cases involve heavily fighting couples that require police intervention, and in these cases, there is frequently no evidence other than a person’s words. What’s more, a criminal conviction for domestic violence can arise solely from an accusation. Because the Wake County District Attorney Office upholds a No Drop policy, the court cannot drop the charges even if the alleged victim recants the domestic violence allegations.
What to Expect If You’re Charged with Domestic Violence
For those charged with domestic violence, there needs to be a personal relationship between the two parties. The requirements for a personal relationship include:
- Current or former spouses
- Persons of the opposite sex who live together or have lived together
- Related as parent and child or grandparent and grandchildren
- Parents of the same child
- Current or former household members
- Persons of the opposite sex who are in or were in a dating relationship
In these cases, the court determines the personal relationship, calls witnesses, and investigates police reports and proceedings. The alleged victim can also call for protective orders if they fear the possibility of becoming a victim of domestic violence. If ultimately charged with assault in a domestic violence case, the defendant could receive anywhere from 30 days in jail to several years in prison. Raleigh domestic violence attorney Dewey P. Brinkley has successfully defended many alleged offenders. From analyzing the case and investigating police reports to aggressively representing you in court, the Law Office of Dewey P. Brinkley diligently protects your rights and guides you through the domestic violence proceedings.
Contact a Raleigh Domestic Violence Attorney Today
Because of the heavy emotional toll as well as the over-reliance on testimony, as well as a myriad of other factors, it is important to contact an experienced Raleigh domestic violence attorney immediately after your arrest of if your partner is filing for a protective order on the basis of possible domestic violence. In addition to giving you an honest outlook on your case, attorney Dewey P. Brinkley ensures extensive investigation into the relationship, the police and court proceedings, and every factor revolving your case. In other words, no stones will be left unturned. You can head to Dewey P. Brinkley’s office in downtown Raleigh at 16 W. Martin Street, or contact the law office at (919) 832-0307 for a free consultation.