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Domestic Violence Realities and Legal Measures in North Carolina
According to Truman and Morgan (2014), Domestic violence is also referred to as family violence. They defined domestic violence as a situation in which a person abuses the other either in marriage or in another relationship. It can either be heterosexual or between spouses. It does not only involve spouses but also children, the elderly, and parents. North Carolina is a state found in the United States. South Carolina and Georgia are bordering North Carolina to the south. The latter has 100 counties. English and Spanish are the languages spoken there (Truman & Morgan, 2014).
To start with, in North Carolina, the ineffectual person by law must be your parents, your lover/spouse, your child, or your family establishment, including attendants and servants, either current or former. Domestic violence involves; injuring someone’s body intentionally, rape, and exposing the victim of domestic violence to an inevitable situation that threatens him/her. Assassination through domestic violence in North Carolina took place in the year 2013 when two people used to die per week. Domestic perpetration was a very serious case, and it was carried out by men. The country had to come up with a system used to treat domestic violence abusers. (Starsoneck & Ake, 2018).
In the year 2014, lesbians in North Carolina wanted to be freed to marry each other, but the laws of the state were against this. It is only in this country where the laws of the state do not defend lesbianism. (Ake,2018). The country has a department that deals with justice, and it revealed that one hundred and fifty thousand Carolinians managed to survive domestic violence, which took place in the year 2014. The court protects citizens from domestic violence. The court has a chapter commonly known as ‘50B’, which, when violated by an abuser, he/she is exposed to a penalty.
Bringing Domestic Violence to an End
Mangum (2016) argued that domestic violence can be brought to an end in two ways: through court orders and through social justice, which is achieved when the community and families are uplifted;
- Stopping violence in families
- Eradicating poverty
- Providing houses/homes for individuals
- Enabling each and every citizen to become financially stable
- Stabilizing the economy of a country
- Good health facilities
- Providing job opportunities to the youths
- Improvement of the technology
- Promoting justice in society
- Provision of a conducive environment for the people
Domestic violence based on gender includes sexual onslaught (sexual onfall), sexual relations between close relatives, filicide (the murder of an infant), and abortion. Our societies have customs and beliefs that should be adhered to in order to do away with vices among members of the society. When a child is exposed to domestic violence when still young, he/she will still be affected both emotionally, physically, and mentally when he/she has grown up. Therefore, the community should seek help from the court and leaders legally elected by citizens in order to eradicate domestic violence perpetrators (Mangum, 2016).
Other Solutions to Domestic Violence in North Carolina
The following are the steps to be followed when one is victimized by domestic violence;
a) One should immediately go to a safe environment and call 911. When one cannot get a safe place, he/she should just go to a public place and call that number. The police officer will help the person charged with the criminal.
b) Filing of the criminal charges. It is done by the police. The officer will help you file probation in court.
c) The arrest of the abuser; the abuser might be released on bond, or the judge can deny him the bond. If released on bond, his case will be filed, and a date will be set for his case to be heard by the court (Ake, 2018).
According to Starsoneck & Ake (2018), in court, there’s a Hearing of the case; if the abuser had been involved in any criminal activity before, then he/she would be jailed for many years. Petitioning involves appearing before the clerk and filing the petition. One has to be authorized by the clerk on the date on which he/she has to appear before the magistrate. The judge announces protective orders and renews them when need be. Moreover, there’s the filing of complaints; this involves financial issues and matters concerning properties. Some judges prefer such cases to be heard by different courts. If a judge makes a decision, then it will be a temporary one. Those from rich families can hire a lawyer to represent them in court.
Law Orders in North Carolina Aimed At Eradicating Domestic Violence
According to Sangvai (2016), the court in North Carolina formed a constitution that was used to make rulings for domestic violence, and when one violates the order, the penalty is appreciated. Rulings are made in accordance with section 50 of the Constitution. These include the following: So long as you are a Carolinian, you are capable of being protected by the Constitution. Hearing of the case should take place within ten days from the day in which the incident took place. Assistance in an emergency, when one’s life is at risk, for example, domestic violence, which can easily lead to death or suffering. (Sangvai, 2016).
To add on, when spouses present their case in court in order to be divorced, one of the spouses can be ordered to support the child until the child reaches an age that supports himself/herself. There’s also a section of the Constitution that orders one to submit the firearm. Firearms are licensed and issued to people in North Carolina under certain circumstances. The Constitution of North Carolina states that it’s unlawful to own a firearm that is not licensed, fail to report anyone who owns a firearm, and provide false information pertaining to the ownership of firearms (Mangum, 2016).
Prosecution of Domestic Violence Perpetrators
According to Mangum (2016), when a domestic violence perpetrator is found guilty, he/she should not be capable of dropping charges whenever he/she is arrested. This will create fear among the perpetrators. One will have to remain in custody for long. In addition, judges should not be too lenient when announcing a verdict. Prosecutors should be handled in a manner that others can’t attempt to indulge themselves in domestic violence activities. The court should come up with a policy that prevents perpetrators of domestic violence from accessing job opportunities in the country (Mangum, 2016).
The politicians of North Carolina should also be part and parcel of domestic violence. They should push the government to amend laws that safeguard the lives of its citizens. Perpetrators should not be allowed to use lawyers to defend them in court. They should just defend themselves with no assistance. Domestic violence prosecutors should be sentenced to death. For example, rapists should be sentenced for the whole of their lives. They should not be allowed to get back to society since they might train others or others might emulate their example (Starsoneck & Ake, 2018).
In conclusion, the way domestic violence is viewed today cannot be compared with the way it used to be viewed and handled many years back. Matters pertaining to domestic violence used to be handled at home. It used to be private, but the police officers, together with the government, brought changes. The pro-arrest policy has made the work of police officers easy. Thereafter, investigations are done. Mandatory prosecution should be viewed as an open-minded policy. This will help reduce domestic violence. Nowadays, a few countries in the world are still facing domestic violence (Mangum, 2016).
References:
- Ake, G. (2016). Domestic Violence and Families: Trauma-Focused Treatment Options. North Carolina Medical Journal, 77(6), 399-400. Doi: 10.18043/Ncm.77.6.399
- Starsoneck, L., & Ake, G. (2018). Reconsidering Our Domestic Violence System. North Carolina Medical Journal, 79(2), 127-129. Doi: 10.18043/Ncm.79.2.127.
- Sangvai, D. (2016). Pivoting To Value-Based Care in North Carolina. North Carolina Medical Journal, 77(4), 254-256. Doi: 10.18043/Ncm.77.4.254
- Mangum, D. (2016). Intimate Partner Violence Prevention Programs in North Carolina. North Carolina Medical Journal, 77(6), 398-401. Doi: 10.18043/Ncm.77.6.398
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