A domestic violence charge may turn your life upside down in a matter of hours. An arrest, court date or protection order might harm your career, family, home and future. If you are charged with these offenses, you need to know your rights. You also need to understand what a defense lawyer can do for you. South Carolina law is serious in regard to domestic abuse crimes. The offense may comprise allegations of actual injury, an attempt to cause physical harm or conduct that places someone in fear of imminent harm. The facts of the cases matter. So is the evidence. A good defense starts by looking beyond the accusation.
Being Charged with Domestic Violence Is Not a Conviction
Accusation is not guilt. The state still has to establish its case under the law. That may sound easy, but the little things may get messy. Domestic disputes often take place behind closed doors. When the mood gets out of hand, police can be called in. They may hear multiple accounts of the same event. A South Carolina Domestic Violence Lawyer can see what was happening before, during and after the alleged occurrence. That review may comprise:
- Police reports and arrest records
- Witness testimony
- Text messages and phone records
- Images or video
- Clinical records.
- 911 call
- Remarks given at the site
- Previous claims with the same folks .
Little things matter. A timetable inconsistent with the facts might cast considerable doubt on the state’s case.
South Carolina Has Multiple Domestic Violence Charges
Not all domestic abuse cases are treated the same. Under South Carolina law, there are varying degrees of domestic violence violations. In general, the law does not allow you to hurt or injure a member of your household. It also encompasses attempts at bodily harm where the conditions produce reasonable apprehension of immediate harm. Charges can be escalated to higher levels for more serious situations. For example, the charge may be increased in severity when substantial bodily injury is involved. Use of a firearm, and some prior convictions, can also be relevant to the gravity of the violation. So a lawyer should look at the precise charge, not simply the label. Jail exposure, penalties, court conditions, your record are not necessarily equal charges. The defense plan should mirror the charge itself.
What a domestic violence lawyer can do?
A South Carolina domestic violence attorney can contest the state’s evidence and safeguard your legal rights. The first thing to look at is frequently how the case originated. What did the cops observe? What did witnesses tell? Did the statements match? Was there any physical evidence? Your attorney can also seek for holes in the inquiry. Or maybe the report failed to include anything a witness had seen. A SMS message might provide more context. Maybe the allegation does not fit the physical evidence. None of these are case-killers by default. But they can still mold the defense. Criminal Defense Attorney Dayne Phillips – South Carolina Criminal Law – Representing Those Accused of Criminal Offenses Throughout South Carolina His practice encompasses misdemeanor and felony defense, including domestic violence.
Protecting You When There Is a Protection Order
A case of domestic violence may also include a separate protective order. Courts in South Carolina offer processes for obtaining orders of protection under the Protection from Domestic Abuse Act. The South Carolina Judicial Branch offers forms for family court and for emergency hearings in magistrate court. A protective order can severely restrict contact and other behavior. The order itself is important. Compliance with any requirement does so too. Don’t presume that a personal deal with the other person trumps a judicial order. It does not. If the order says you can’t contact someone unless the court alters the order, then follow the order. The South Carolina Judicial Branch points out that some protection orders can only be modified by the court. A lawyer can explain what the order implies and what you should do next.
Your Words Could Affect the Case
Often people want to explain everything immediately away after an arrest. That’s understandable. You may think that one discussion will clear everything up. But statements can turn into proof. A lawyer can assist you decide when to talk and when to stay silent. Your attorney can also speak with prosecutors and evaluate the material before discussing possible outcomes for the case. This is one reason to take early legal advice. Don’t discuss the case online. Do not quarrel with the putative victim in text messages. Don’t ask pals to make the call for you. Stay away and obey every court order. Those easy procedures can save a tough situation from getting tougher.
Building a Defense of the Facts
There is no one defense that will work in every domestic violence case. A lawyer might examine whether the claimed behavior happened as alleged. The defense can also challenge the identity, the witness testimony, the physical evidence, the timing or the inquiry. There are times when the question of self-defense comes up. In others, the major question may be whether the state can prove each element of the accusation that is needed. The idea is not to make a story . It’s to check whether the state’s story is true or not. That’s a huge difference. Dayne Phillips represents clients facing felony and misdemeanor charges including weapons violations, theft, drug offenses, solicitation, DUI, and domestic abuse. His professional profile lists previous work as president of the South Carolina Association of Criminal Defense Lawyers.
But what if the charge is false?
False or exaggerated statements are quite upsetting. But fury won’t help your defense. Evidence will do that. Save messages, emails, photographs, call logs and any material that may help explain what happened. Don’t take out anything that appears terrible to you. Let your attorney see the whole picture. You also should write down what you recall while the events are still fresh. Give dates, locations, conversations, witnesses and other facts. Memory dies away. Records don’t. Then your lawyer can compare your account to police records and other facts.
Why Getting Legal Help Early Matters
You may still have critical unresolved questions when waiting for the first court appearance. Early counsel enables your lawyer to look over the charge and evaluate the evidence available. It also provides you with someone who can tell you what’s next. If you need a South Carolina Criminal Defense Lawyer, look for one with experience handling criminal cases and knowledge of the state’s domestic violence statutes. South Carolina Criminal Law is dedicated to representing people facing serious criminal charges. The business stresses direct client connection and case-specific defense planning. An accusation of domestic violence can feel personal, perplexing and terrifying. You don’t have to go thru the legal battle alone. Get the latest. Follow all court orders. If it is forbidden, do not contact the other party directly. Most importantly, before you make any decisions that affect your case, consult with a qualified South Carolina defense attorney.
Common Questions
- Can a domestic violence attorney in South Carolina get my charges dismissed?
A lawyer cannot guarantee a dismissal. Your lawyer can check the evidence to see whether there are any legal or factual flaws with the case. If the evidence is insufficient or there are significant problems, your attorney can bring those problems to the prosecutor or court.
- What Do I Do If I Am Charged With Domestic Violence In South Carolina?
Take the charge seriously and do not talk about the facts with police or other people until you have legal guidance. Comply with all bail and court terms. If a protective order is in place, obey its conditions strictly. Then you should get in touch with a criminal defense attorney immediately.
- Can I get in touch with the individual who accused me?
It is contingent upon the court orders and the state of your case. If you have a no-contact or protection order in place, contacting that individual could generate fresh legal troubles for you. The other person can say it’s ok but it doesn’t mean it’s legal. First ask your lawyer what the particular order is.
4.How will domestic violence charges affect my future?
Yes. A criminal case can impact your record, your job, family problems and many other aspects of your life. The probable effect depends on the charge, the outcome of the case, past record and other facts. A lawyer can explain the hazards involved with your particular case.
- Why Do I Need To Hire A South Carolina Domestic Violence Defense Attorney?
Domestic abuse situations can result in criminal charges, protective orders, witness statements and other evidence all at the same time. A lawyer can analyze such concerns and protect your rights, dispute weak evidence and assist you throughout court. Early legal guidance can also assist you prevent blunders that could hurt your case.
