Wake County has its own criminal courtroom for domestic violence in Raleigh, NC, which was set up to handle criminal cases that arise between married individuals or those individuals that are or have been, in a dating or marital relationship. Criminal cases will be placed in this courtroom simply because of the status of the individuals involved. For example, if two individuals engage in a fight at a bar and one person is charged with Simple Assault, this case would not be placed in this courtroom. On the other hand, if the individuals in the aforementioned situation were husband and wife, the case would be handled in the Criminal Domestic Violence Courtroom. The State of North Carolina is the moving party in a criminal case and it is up to the District Attorney, the representative of the State of North Carolina, to determine how this case should be resolved. For instance, even if the victim wants the case dismissed, the State of North Carolina can proceed against his/her wishes. Having a domestic violence lawyer in Raleigh to represent you and protect your rights is paramount.
Crimes Handled in the Raleigh Criminal Domestic Violence Courtroom Include:
- Assault on a Female
- Simple Assault
- Domestic Sexual Battery
- False Imprisonment
- Assault on a Minor Child
- Assault in the Presence of a Minor
- Violations of a Domestic Violence Protective Order
Under North Carolina Law, if a woman is charged with striking another woman or a man, she will be charged with Simple Assault. By the same token, if a man, 18 years of age or older, strikes a woman he will be charged with Assault on a Female, which is a higher level of felony and carries a greater sentence.
Domestic Violence Representation
These crimes are Criminal in nature and the high burden is on the State to prove, beyond a reasonable doubt, that a person committed the crime(s). The cases handled in this courtroom should not be confused with Civil Cases that arise out of the same conduct in which an individual seeks to obtain an Order of No Contact against the other party. Regardless of the nature of the crime, consulting an experienced Raleigh Domestic Violence Lawyer can lessen or possibly dismiss any punishments.
At Saparilas Law, we handle both Criminal Domestic Violence Cases and Civil Domestic Violence Cases. (Please, click here to get information on the Civil Domestic Violence Protective Order, otherwise known as a 50-B order.) Call (919) 832-2280 today, or fill out our online contact form, to set up a consultation with Raleigh domestic violence lawyer Nick Saparilas.