Raleigh Military Domestic Violence Attorney

Domestic violence is a problem in the military. A 2015 report published by the Advocates for Human Potential, Inc. and the Battered Women’s Justice Project stated intimate partner violence in the U.S. Army rose 177 percent between 2003 and 2010.

No matter who is involved in domestic violence allegations, the situation is serious. If you are an active-duty military service member who has been falsely accused of domestic violence, you should obtain the help of a North Carolina military domestic violence attorney right away. Defending against domestic violence is important, as such allegations can ruin your reputation and career. At Breeden Law Office, we are experienced in defending service members against false accusations.

We are also proud to help victims of domestic violence obtain protective orders, divorces, and child custody arrangements that enabling them to provide a safe future for themselves and their children. If you are the victim of domestic abuse committed by a military member, do not hesitate to call a domestic violence lawyer at Breeden Law Office.

To schedule a case consultation, contact us today at (919) 661-4970.

Domestic Violence in the Military

A 2013 article published by Richard L. Frierson, MD, titled “Combat-Related Posttraumatic Stress Disorder and Criminal Responsibility Determinations in the Post-Iraq Era: a Review and Case Report,” stated that male combat veterans who suffered from Post-Traumatic Stress Disorder (PTSD) were two-to-three times more likely to abuse their female partners than veterans not suffering from PTSD.

Additionally, of the combat veterans suffering from PTSD, 33 percent reported being aggressive with their intimate partner at least once during the previous year, and 91 percent reported being psychologically aggressive with their intimate partner within the previous year.

The U.S. Department of Veteran Affairs (VA) also reports a high rate of intimate partner violence among veterans. Among veteran women who receive health care through the VA, up to 70 percent have reported experiencing intimate partner violence during their lives. For active-duty women, 36 percent reported experiencing one or more types of intimate partner violence during their service.

There is no denying that emotional, physical, and sexual violence is a problem within the military. When domestic violence occurs between romantic and sexual partners, it can cause significant physical and psychological harm. For individuals who share children, it can have long-lasting ramifications for child custody and visitation.

If you are an active or former duty military member currently dealing with a domestic violence situation, contact a North Carolina military domestic violence attorney right away.

North Carolina Domestic Violence Law

In North Carolina, domestic violence constitutes specific types of harmful conduct between individuals with specific types of relationships. Based on North Carolina General Statute (NCGS) §50B-1, domestic violence occurs between people who have certain personal relationships with one another, including:

• Current or former spouses
• People of the opposite sex who live together or have lived together
• Parents and children, including grandparents and grandchildren
• Individuals who have a child in common
• Current or former household members
• People of the opposite sex who are or have been in a dating relationship.

Conduct that the state considers domestic violence includes:

• Trying to cause another person or their minor child bodily injury
• Intentionally causing another person or their child bodily injury
• Placing another person, their family member, or their household member in fear of imminent bodily injury
• Continually harassing another person in such a way that inflicts significant emotional distress
• Committing rape or another sexual offense against another person or their child

If you have been the victim of domestic violence, it is your choice whether to call the police. If you file a report, the perpetrator may be charged with a crime. North Carolina does not charge someone with the crime of domestic violence.

Instead, the perpetrator is charged with the offense based on their actions, such as assault or rape. The fact that the crime was a form of domestic violence impacts the perpetrator’s criminal record and sentence if they are convicted.

Domestic Violence and Military Members

For Victims of Military Domestic Violence
If you have suffered due to domestic violence, and the perpetrator is a current service member, you may file a complaint with the military. The Family Advocacy System is set up to address incidents of domestic violence. It is intended to help identify and prevent domestic violence.

There are certain steps the Family Advocacy System can take to protect you, such as if you and the perpetrator live together off-base, the military can order them to live in the barracks until the matter is investigated and resolved. You may also seek a Military Protective Order.

Additionally, there is the separate military justice system. If you accuse a military member of abuse, they are subject to go through the military’s justice process.

A determination by the Family Advocacy System that abuse occurred does not necessitate the same finding in a military court, though it may be evidence against the service member. If the military justice system finds the service member committed domestic violence, they will be punished and potentially discharged from service.

You can also take action on the civilian side. After an incident of domestic violence that takes place off-base, you can contact the police. The service member may be charged with a North Carolina crime.

You can also speak with a North Carolina military domestic violence attorney about your other options, including seeking a domestic violence protective order. This is a restraining order, which could help you keep the perpetrator away from you, giving you enough time and space to create a better future.

If you share a child with the person who harmed you, an attorney can advise you on limiting the other parent’s child custody and visitation. If the situation is dire, we can seek an emergency temporary custody order granting you full custody and ordering the service member to stay away from your child.

Whether or not your son or daughter is in immediate danger, we can file paperwork and fight for you to obtain full custody of your son or daughter.

For Service Members Accused of Domestic Violence
If you are convicted of domestic violence in a civilian court, including misdemeanor domestic violence, it is unlawful for you to own or possess a firearm. The Lautenberg Amendment of the Gun Control Act of 1968, also known as the Domestic Violence Offender Gun Ban, makes it illegal for anyone convicted of misdemeanor domestic violence to own a firearm. A conviction for domestic violence could end your military career.

You may also face prosecution under the Uniform Code of Military Justice. If you are convicted of an offense related to domestic violence, then you can be penalized. The military court has discretion in how to punish you, including discharging you.

If you are service member and you are being accused of domestic violence, you need to contact a North Carolina military domestic violence attorney right away. You may need to fight back against a civilian or military protective order. You could even have to argue against a child custody petition seeking to limit or eliminate your visitation.