Get to Know DCDAO: Domestic Violence Prosecutors
Get to Know DCDAO is an occasional series about the people who make up the Durham County District Attorney’s Office. This installment focuses on staff who work to secure safety and justice for victims of domestic violence.
There were nearly 5,000 victims of domestic violence in Durham County in 2018, according to the Jamie Kimble Foundation for Courage. That’s the sixth highest among North Carolina counties. And the figure is likely low, as domestic violence often goes unreported.
In Durham, all criminal domestic violence cases are handled by the Special Victims Unit of the Durham County District Attorney’s Office. SVU staff — prosecutors, legal assistants and victim service coordinators — receive training on working with domestic violence laws and survivors.
What exactly is domestic violence? North Carolina law defines what constitutes a domestic violence offense according to specific types of relationships between the victim and the accused:
- Current or former spouses
- Persons of opposite sex who live together or have lived together
- Related as parents and children, or grandparents and grandchildren
- Have a child in common
- Current or former household members
- Persons of the opposite sex who are in a dating relationship or have been in a dating relationship.
The Durham DA’s Office takes a broader view, also including in its working definition of domestic violence offenses in which the victim and the defendant weren’t directly in one of the relationships defined by statute, but a romantic relationship factors into their connection. These cases often share common themes, risk factors, and responses with those that fall within the statutory definition of domestic violence, and may also be assigned to the SVU.
Over 10 percent of the pending homicides in Durham County are domestic violence related. Nationally, intimate partner violence accounts for about 15 percent of all violent crime. Many offenses commonly charged in domestic violence incidents — like communicating threats, assault on a female and some instances of child abuse — are misdemeanors in North Carolina.
For staff in the Special Victims Unit, working these cases is both challenging — because of the number of cases and their intimate, emotional nature — and gratifying.
“It’s the outcomes paired with the journey which makes our work so rewarding,” says Assistant District Attorney Erika Johnson. “Witnessing victims transform into survivors makes the toughest moments worthwhile. On the other side, we also get to witness the positive transformation within families of those who successfully complete court-approved Abuser Treatment programs. We are changing households and generations for the better one case at a time, ending the cycle of domestic abuse.”
Under District Attorney Satana Deberry, the Office has prioritized domestic violence offenses in an effort to prevent such abuse from escalating.
“Domestic violence is not widely discussed or reported on in Durham, perhaps because it often happens behind closed doors,” says SVU Team Lead Kendra Montgomery-Blinn, “yet we know so much from experts about what raises a person’s risk of being killed by an intimate partner. These victims and survivors are among the most vulnerable people in our community and connecting them to resources can be life-saving.”
Research has documented several indicators that domestic violence may turn fatal: Strangulation, access to firearms, threats of death, escalating behavior, separation, and controlling or jealous behavior. Knowing these risk factors can help emergency responders and service providers assess the potential lethality of a situation and intervene.
According to the National Coalition Against Domestic Violence, the presence of a gun in a home experiencing domestic violence increases a woman’s chances of being murdered by 500 percent.
Because of this alarming statistic, the Durham DA’s Office works to ensure firearms in the possession of individuals convicted of domestic violence offenses are surrendered or destroyed, whether or not the gun was used in the offense at hand.
Durham DA’s Office staff work closely with local law enforcement and organizations like the Durham Crisis Response Center to ensure that domestic violence survivors are supported. SVU team members are trained in the reporting process for domestic violence incidents, as well as the effects of such trauma on the brain.
“The effects of this abuse stretch far beyond the specific incident or the direct victim,” says ADA Josh Sotomayor. “Domestic violence creates long-term trauma for those directly impacted as well as those who witness it. Nationally, it’s estimated that children witness about a quarter of intimate partner violence incidents, and domestic violence and child abuse often go hand in hand. Left unaddressed, this trauma can lead to future cycles of instability, harm, and violence.”
ADA Monica Burnette notes that intimate partner violence often co-exists with other forms of abuse.
“Unfortunately, a majority of women who are physically assaulted by their partner have also been sexually assaulted by them,” she says. “A victim having to retell her story to a host of people including police officers, detectives and court personnel, in addition to family and friends, can be re-traumatizing. These experiences, coupled with outdated laws regarding intimate sexual violence, can often leave victims feeling helpless and stuck in an endless cycle of domestic abuse.”
As a result, domestic and sexual violence often don’t get reported to law enforcement. According to the Jamie Kimble Foundation for Courage, only about a quarter of domestic violence incidents are reported, and about half of those are prosecuted. When a domestic violence case is referred to the Durham DA’s Office, SVU staff walk survivors through what to expect from the court process, and try to make it as comfortable as possible.
“Survivors know best when it is safe to pursue criminal charges in court,” says ADA Montgomery-Blinn. “What’s important is their immediate safety. We want them to know the Durham DA’s Office is here when they are ready.”
If you or someone you know is experiencing domestic violence, the National Domestic Violence Hotline is available to offer help 24/7 at 1–800–799–7233. Locally, the Durham Crisis Response Center, which offers assistance with emergency shelter, safety planning and legal advocacy, can be reached 24/7 at 919–403–6562 in English and 919–519–3735 in Spanish.
