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Criminal Action Against Domestic Violence
Do You Want to Press Charges Against Your Abuser?
Domestic violence victims can take both civil and criminal action against their abusers. Common types of civil actions include Domestic Violence Protective Orders (DVPO) and civil lawsuits in which monetary damages can be awarded. However, since domestic violence is illegal in North Carolina, victims can take their responses to the next level and pursue criminal action.
North Carolina statutes define the crime of domestic violence as inflicting the following acts upon a victim who has or had a personal relationship with the perpetrator, or upon a minor child who lives with the victim or is in their custody:
- Attempting to cause bodily injury, or intentionally causing bodily injury
- Placing the victim or a member of the victim’s family or household in fear of imminent serious bodily injury or continued harassment that rises to such a level as to inflict substantial emotional distress
- Committing any act defined in G.S. 14-27.21 through G.S. 14-27.33
Civil action allows the victim to restrain their attacker from committing further domestic violence acts against them, but criminal action imposes harsher penalties. If you would like to charge your abuser for their crimes, contact our Raleigh domestic violence attorney at Hopper Law Office to discuss the best course of action for your situation.
Domestic Violence Crimes & Penalties in North Carolina
Several crimes constitute domestic violence, as long as there is a personal relationship between the victim and their attacker. “Personal relationship” includes current or former spouses, cohabitants, dating partners and parents with a child in common, to name some.
A convicted domestic violence abuser could face serious legal consequences for their criminal acts. While domestic violence takes on many forms, the following describes the most common offenses and their corresponding penalties:
Simple assault: Class 2 misdemeanor punishable by 30 days to 6 months in jail and a maximum $1,000 fine
Communicating threats: Class 1 misdemeanor punishable by six months to 2 years in jail and an additional fine at the court’s discretion
Harassing telephone calls: Class 2 misdemeanor punishable by 30 days to 6 months in jail and a maximum $1,000 fine
Domestic criminal trespass: Class 1 misdemeanor punishable by six months to 2 years in jail and an additional fine at the court’s discretion
- Class G felony if the person was armed with a deadly weapon and trespassed upon property intended to protect domestic violence victims, such as a shelter
Stalking: Class A1 misdemeanor punishable by 60 to 150 days in jail and an additional fine at the court’s discretion
Rape or other sexual offense: Common examples include the following crimes
- First-degree forcible rape: Class B1 felony punishable by 144 months to life in prison
- Second-degree forcible rape: Class C felony punishable by 44 to 182 months in prison
- Statutory rape of a child by an adult: Class B1 felony punishable by 144 months to life in prison
- First-degree forcible sexual offense: Class B1 felony punishable by 144 months to life in prison
- Second-degree forcible sexual offense: Class C felony punishable by 44 to 182 months in prison
- Sexual battery: Class A1 misdemeanor punishable by 60 to 150 days in jail and an additional fine at the court’s discretion
Violating a DVPO: Class A1 misdemeanor punishable by 60 to 150 days in jail and an additional fine at the court’s discretion
Regain Your Peace of Mind & Call (919) 876-3300!
Don’t let your abuser get away with committing domestic violence. It is a crime that carries both civil and criminal punishments, but civil action only goes so far. Our Raleigh domestic violence attorney wants to help you navigate this emotional time but providing the compassionate, diligent and strategic representation you need while you pursue criminal action against your attacker.
Protect yourself and your family from further abuse with the help of Hopper Law Office. When you retain our domestic violence lawyer in Raleigh, you will receive one-on-one attention and personalized advocacy every step of the way.
Let’s work together to end your situation through criminal action by contacting us today!
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