Salisbury Domestic Violence Lawyer

The Law Offices of Aimee E. Cain Salisbury Domestic Violence Attorney

A capable attorney is a valuable resource to have while navigating divorce, child custody, and various other areas that a family lawyer in Salisbury is experienced at, making your case easier for you. Reach out to a Salisbury domestic violence lawyer if you believe that you may be a victim of domestic violence, and find out your legal options today.

What Is Considered Domestic Violence?

Domestic violence (DV) is a pattern of brutality, abuse, and other behaviors against a person by someone who is or was familiar/intimate with them. The violence can vary in severity and/or frequency, but such efforts are undeniably purposeful, as they are intended to acquire and maintain control and power over someone else.

This type of violence, also called intimate partner violence (IPV), is frequently associated with and observed in couples. Domestic violence impacts individuals across age, gender, race, sexuality, religion, economic status, locality, and more. A third of all women and a fourth of all men in the United States have been victimized by an intimate partner through physical violence of some kind.

Behaviors amounting to DV may include emotional or psychological abuse, physical violence, sexual assault, and financial/resource abuse. This treatment can result in victims sustaining bodily injury and psychological trauma, leading to lifelong (even generational) consequences. In some cases, violence can even escalate to the victim’s death; more than half (58 percent) of female homicide victims are killed by someone within their private sphere, such as a family member or intimate partner.

Domestic Violence in North Carolina

The North Carolina Coalition Against Domestic Violence reports that, within the state, 35.2 percent of women and 30.3 percent of men experience some form of domestic violence or stalking in their lifetime, occurring more frequently than the national average.

The state lacks a specific charge for domestic violence, so cases are charged with one or more assault offenses. An assault crime is considered domestic violence when the victim has/had a personal relationship with the abuser. Those who may be considered as valid perpetrators and victims include:

• Spouses
• Intimate partners
• Roommates
• Blood relatives/family members, including children

Simple assault by show of violence is the demonstration of one’s ability to deliver damage to the victim through means that would evoke fear of harm in a reasonable person. This causes the victim to try to avoid injury by taking action they otherwise wouldn’t have. Also included is the attempt or success in instilling fear of bodily harm in someone, including through hitting, kicking, or biting, regardless of whether injury/contact occurred.

Most assault convictions are misdemeanors, with penalties including jail time and fines. Subsequent offenses and assaults resulting in serious injury also face increased punishment. Assault by strangulation and some instances of assault with a deadly weapon are felonies, with potentially long prison sentences.

What You Can Do If Faced With Domestic Violence or Abuse

Most cases of domestic violence in Salisbury, NC, don’t start out with overt physical harm, and not all instances of domestic abuse may include consistent violence or any physical direct violence at all. Remember that abusive behavior is always a conscious choice, not losing control. Once it’s begun, it’s only likely to continue and escalate. Don’t endure or let inappropriate actions go.

Domestic violence can be difficult to notice before it’s serious, so keep an eye out for early warning signs that you or a loved one may be amidst the beginning of a concerning pattern of behavior, which can worsen quickly. You might begin to recognize within yourself or a friend a developing fear of one’s partner or that a partner has become belittling and/or controlling. If so, take some time to reflect, seek out resources, and reach out to the affected person. If that person is you, seek out someone you trust.

Emotional abuse is real and very serious. Its goal is to wear away feelings of independence and self-worth. This includes isolation, intimation, and other controlling actions. It can also involve verbal abuse, such as shaming, blaming, name-calling, and yelling. Abusive individuals may also use threats of violence or other punishments to get you to do what they want.

FAQs

Q: Are Most Domestic Violence Cases Reported?

A: Unfortunately, no, domestic violence cases commonly go unreported. According to a National Crime Victimization Survey, 52 percent of victims reported the crime against them; nearly half of people who have experienced an instance of domestic violence did not report the incident to law enforcement.

Male victims, in particular, are less likely to report incidents of domestic violence, feeling emasculated, ashamed, or embarrassed. Additionally, abuse suffered by men is less likely to be believed or taken seriously when it is reported.

Q: Who Starts Most Domestic Violence Cases?

A: It’s difficult to definitively determine who, between men and women, starts most domestic violence situations due to underreporting and self-defense. The topic has been studied and debated for decades.

One study found that 27% of the time, it was the man and, 24% of the time, it was the woman who instigated the violence in reported cases; of the remaining times, violence was mutual. Several sociological studies have comparable findings that men and women are similarly likely to instigate unilateral violence.

Q: How Long Do Most Domestic Violence Cases Last?

A: Most NC domestic violence cases last a couple of days or weeks. Most criminal cases don’t reach trial; many end in guilty pleas/deferral agreement or dismissal.

For a misdemeanor, it may take several hours before your case is called by the judge. Counties vary, but numerous cases are typically scheduled for the same date. If there are too many, your case may be postponed to another day.

Felony cases may take longer but, trial or not, it will usually last multiple days at most.

Q: What Percentage of Domestic Violence Cases Are False?

A: One recent national survey found that 17 percent of domestic violence cases were false allegations.

8 percent of Americans, over 20 million adults, report being fraudulently accused of some type of abuse/assault, including child abuse, sexual assault, and domestic violence. Those who were falsely accused included 6 percent of women and 11 percent of men.

Compassionate and Professional Legal Help

Whether you need assistance with a divorce in Salisbury from an abusive spouse, partner, or family member, The Law Offices of Aimee E. Cain can help. Consult with us today to get the legal assistance you need.