Best Domestic Violence Lawyers in South Carolina

About Domestic Violence Law in South Carolina, United States

Domestic violence in South Carolina refers to acts of physical harm or threatened physical harm committed by one household or family member against another. The state takes these offenses very seriously and has specific laws that protect victims and prosecute offenders. Domestic violence cases often involve spouses or former spouses, people who share a child, or individuals living together. In South Carolina, domestic violence laws define different degrees of offenses, each with unique penalties. Understanding these rules is vital whether you are seeking protection or facing accusations.

Why You May Need a Lawyer

There are many reasons why someone involved in a domestic violence situation in South Carolina might need a lawyer. If you are a victim, a lawyer can help you obtain protection orders, guide you through pressing charges, and connect you with support services. If you have been accused of domestic violence, legal representation is essential to understand your rights, prepare your defense, and ensure a fair process. Lawyers can also assist with related matters, such as child custody, separation or divorce, and securing your safety. Being represented by an attorney can help navigate the complex legal system and secure the best possible outcome for your situation.

Local Laws Overview

South Carolina has specific statutes addressing domestic violence, primarily found in the South Carolina Code of Laws, Title 16, Article 1. Domestic violence offenses are divided into three main degrees as well as a felony category called "domestic violence of a high and aggravated nature" (DVHAN). The degrees are generally based on factors such as the severity of the harm, the presence of prior convictions, and whether a weapon was used.

Victims can petition for Orders of Protection, designed to prevent further abuse by restricting the accused's contact with them and imposing other limitations. Violating these orders can lead to additional criminal charges. Police in South Carolina have mandatory arrest policies when they have probable cause to believe domestic violence has occurred, and cases are pursued even without victim cooperation.

Other important legal aspects include provisions for child custody orders, firearms restrictions on offenders, and mandatory reporting requirements for certain professionals. These laws are structured to prioritize victim safety and ensure prompt responses by law enforcement and the courts.

Frequently Asked Questions

What qualifies as domestic violence in South Carolina?

Domestic violence includes physical harm or threats of harm committed by a household or family member. This also covers attempts to cause harm or actions that make someone fear immediate harm.

Who is protected under South Carolina's domestic violence laws?

Anyone abused by a spouse, former spouse, people with a child in common, individuals living together, or those formerly living together can seek protections under these laws.

What are the degrees of domestic violence in South Carolina?

There are three main degrees: first, second, and third, categorized by injury severity, use of weapons, presence of children, or prior convictions. The most serious form is Domestic Violence of a High and Aggravated Nature (DVHAN).

Can a victim drop charges against the accused?

Once law enforcement has made an arrest, only the prosecutor usually has authority to decide whether to proceed or drop the case. Victims cannot simply "drop charges."

What is an Order of Protection?

An Order of Protection is a court order that limits or prohibits contact between an alleged abuser and the victim. It may also address child custody, housing, and other issues to enhance safety.

How long does an Order of Protection last in South Carolina?

An Order of Protection typically lasts up to one year but may be extended or made permanent under certain circumstances.

Will a domestic violence conviction affect my right to own firearms?

Yes. Both state and federal laws restrict firearm possession for individuals subject to certain protective orders or convicted of domestic violence offenses.

What should I do if falsely accused of domestic violence?

If you have been falsely accused, consult a qualified attorney immediately. Gather evidence and witness statements to help your defense. Avoid any direct contact with the accuser.

Can domestic violence charges be expunged from my record?

Certain lesser-degree convictions or dismissed/domestically diverted charges may be eligible for expungement under specific conditions, but serious domestic violence convictions are typically not expungable.

Where can I find help if I am experiencing domestic violence?

You can reach out to local law enforcement, shelters, hotlines, or seek the guidance of an attorney to secure immediate and long-term protection.

Additional Resources

If you or someone you know is affected by domestic violence in South Carolina, several resources are available:

• South Carolina Department of Social Services - Domestic Violence Services
• South Carolina Coalition Against Domestic Violence and Sexual Assault (SCCADVASA)
• South Carolina Legal Services
• National Domestic Violence Hotline (24-7)
• Local police departments and family courts
• Victims' Advocates Offices

Next Steps

If you need legal help regarding domestic violence in South Carolina, your first step should be ensuring your immediate safety. Contact emergency services if you are in danger. For ongoing assistance, reach out to a qualified attorney experienced in family law and domestic violence cases.

Document all incidents, save any communication, and keep a record of injuries or damage. Seek support from local shelters or counseling services as needed. Schedule a consultation with a lawyer to review your legal rights and options, and prepare any documentation that could be relevant to your case. Remember, you do not have to face domestic violence alone professional help is available to guide and support you.