Criminal Law Questions? Ask a Criminal Lawyer.
"Destruction of Evidence" is dealt with in the case where that evidence is at issue.
So if there is a destruction of evidence or spoliation of evidence at issue in the case where that evidence was to be presented, the parties (such as the defendant) could raise this as a defense the charges brought against them.
As far as an administrative inquiry or claim, you can always file a complaint with the agency that had responsibility for maintaining the evidence, the District Attorney's Office for the County, or the State Attorney General. All of these entities have oversight and administrative review authority to investigate and take administrative action if deemed appropriate.
Is this in regards ***** ***** civil matter or a criminal one?
(meaning is someone planning on suing them, or is the person trying to avoid criminal charges)
The criminal matter is something that is handled entirely by law enforcement. So there really isn't anything that a private citizen does to affect this.
(There are a few exceptions, such as embezzlement cases where law enforcement rely on victims for documentation and resources, but you would be working with detectives to help build the case, and you would be aware of this if it applied).
Regarding the civil matter, you would deal with this under "spoliation of evidence" rules, see: https://www.mwl-law.com/wp-content/uploads/2013/03/spoliation-of-laws-in-all-50-states.pdf (50 state summary, but includes NC law)
If you have a fear for your life or safety, contact law enforcement.
Report the assaults to law enforcement.
If you or your mother need protective orders to protect you from this individual (or others), you can apply for them. See: http://www.nccourts.org/forms/Documents/887.pdf (You can usually get help from your court's self help site, local law library, or District Attorney's Victim Restitution Center).
Embezzlement is (most commonly) when an employee steals from their employer.
Embezzlement covers a lot of other more complex issues, but as far as the basic crime, that is what you are dealing with.
The facts you describe would not involve embezzlement in any way.
You can look into the civil restraining order (above), but I would also recommend that you consider creating as much space between yourself and a dangerous situation as possible (I don't know the circumstances surrounding your situation, but giving yourself more space in addition to any civil restraining orders is usually a good way to avoid further such encounters).
Dealing with family members that have mental or emotional issues is difficult, and you can sometimes find assistance with county mental health, where they sometimes have counselors and support for family members.
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Welcome to JA and thank you for your question. I am a different attorney that was asked to assist you. As the prior attorney indicated these are criminal actions and you should look into an order of protection/restraining order. Have you filed a report with law enforcement?
That is the issue. Living in the same house complicated the situation as by being in the same house it is already violated. I understand the frustrations. You just want to be left alone everyone doesn't have enough money to have their own homes.
Depending on your age when you sustained the damages (injuries) and since they appear to be on going to this day I would certainly make every attempt for damages. Is there ant possible of living outside the home or asking the court to have the abuser(s) removed. Who have you reported the abuse to? (Which Agency) and has their been an investigation?
The North Carolina Department of Health and Human Services is the governmental agency tasked with investigating Child abuse and Adult abuse. if you have not done so already please file a complaint for an investigation with the State at http://www.ncdhhs.gov/assistance
This link is to file a complaint with child protective services https://www2.ncdhhs.gov/dss/cps/index.htm
This link is to file a complaint with adult protective services at http://www.ncdhhs.gov/assistance/adult-services/adult-protective-services
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