Summerville Domestic Violence Attorneys

Facing Domestic Violence Charges in SC?

If so, chances are you’re likely feeling demoralized and disheartened, and you’re wondering how in the world you ended up in such a mess.

The truth is, you or your partner may have never intended for anyone to go to jail. Put another way, the severity of the situation wasn’t fully realized until after the fact. This is often the case—especially if alcohol was involved.

But now, you or your partner is faced with the fact that you can’t have contact with one another, which is even more difficult if kids are involved. You may not be able to provide or receive financial support, and most importantly, you’re wondering how all of this will affect your future. Regardless of the details surrounding your charges, you need these domestic violence charges to be resolved so you and your partner can move on.

To speak with an experienced Summerville domestic violence attorney, give us a call at (843) 891-6100 or contact us online.

How the Domestic Violence Attorneys at TMW Law Can Help

While domestic violence charges are a serious offense, there’s hope. You see, there are several ways we can seek a favorable outcome in your domestic violence charges.

Let's Look at Potential Legal Options

Solicitor/Prosecutor Drops the Charges

For starters, the solicitor/prosecutor could decide to drop the charges for several reasons. Some reasons include insufficient evidence to prosecute, improperly handled evidence, or surveillance footage or witness testimony that may tell a different story.

Victim Decides Not to Participate

It’s also possible for the victim to submit a form requesting that the charges be dropped. While the victim can’t drop the charges themselves, if the victim does not want to participate in prosecuting, the State may face difficult challenges proving the charges and therefore decide to drop them.

Plea Bargain with the Solicitor

In some cases, you may be able to plead to a lesser charge or have your charge reduced. If you’re charged with more than one offense, it may be possible to plead to one charge in exchange for another being dismissed. Another way to plea bargain is to negotiate a sentence such as to accept probation.

Understanding Your Rights in a Domestic Violence Charge

Being arrested for domestic violence can be a frightening and overwhelming experience. It's important to understand your rights and legal options in this situation. Our experienced domestic violence lawyers at TMW Law can provide you with the guidance and support you need during this difficult time.

When facing domestic violence charges, it's crucial to:

Understand your legal rights
Seek legal representation immediately
Be aware of the potential consequences
Explore all available legal options

Our team is dedicated to protecting your rights and providing you with a strong defense. We will work tirelessly to achieve the best possible outcome for your situation. Contact us today for a confidential consultation to discuss your legal options and potential strategies.

To speak with an experienced Summerville domestic violence attorney, give us a call at (843) 891-6100 or contact us online.

Why Fight Your Domestic Violence Charges?

It might be tempting to just pay the fine and put your domestic violence charges behind you. The problem is that paying the fine is the same as pleading guilty. Once you plead guilty you now have a criminal record, which can severely impact your future employment, housing, and even travel opportunities.

Not to mention, if you have a prior conviction your current charges can be increased to a higher domestic violence offense. For example, if you have a prior conviction within the past 10 years, your current DV charges can be increased from a DV 3rd degree to a DV 2nd degree which further complicates matters.

The bottom line is… you need a domestic violence attorney to help you fight your charges.

Our domestic violence lawyers in Summerville can help you with:

Representation at your bond hearing after the arrest
Devising a plan of attack to arrive at the best possible outcome possible
Seeking a restraining order for the victim against the accused
Navigating a no-contact order in a domestic violence charge when children are shared
Fighting your domestic violence charge

Frequently Asked Questions About Domestic Violence Charges in Summerville

Is Domestic Violence a Crime?

Yes, in South Carolina it is against the law to cause harm or try to harm someone in your household. While marital disputes and fights between couples are a common occurrence that can stay private, violence causes the problem to become a legal issue with potential criminal consequences.

What Steps Should I Take If Charged with Domestic Violence?

If you are charged with domestic violence, it is crucial to take immediate action to protect your rights. First, refrain from discussing the incident with anyone other than your domestic violence attorney to avoid any statements that could be used against you. Secondly, contact a qualified domestic violence lawyer to get legal advice specific to your situation. Documenting any relevant information, such as witness contacts and event timelines, can be invaluable in preparing your defense. Prompt action can aid in exploring all defense options available to you.

How Many Domestic Violence Charges Are There?

There are 4 domestic violence charges in South Carolina:

Domestic Violence of a High and Aggravated Nature
DV 1st degree
DV 2nd degree
DV 3rd degree.

Each category carries different penalties and consequences. Make sure you speak with a domestic violence lawyer as soon as possible to discuss the specifics of your case.

Is Domestic Violence a Felony or Misdemeanor?

It depends. DV 3rd and 2nd degrees are both misdemeanors, while DV 1st and DVHAN (domestic violence of a high and aggravated nature) are both felonies. No matter the charge, you could be facing life-altering jail time and fines.

What Is the Definition of Domestic Violence?

In South Carolina, domestic violence refers to physical harm or injury (or the attempt to do so) to someone in your household. Who does that mean? Examples of household members can be spouses, former spouses, couples who live together, couples who used to live together, and two people who share a child or children together.

Can Domestic Violence Charges Be Dropped?

It is a common misconception that domestic violence charges can just be dropped by the alleged victim. This isn’t true! While the victim can choose not to participate in the domestic violence case, they can’t make the prosecutor drop the case. After law enforcement conducts their investigation, they hand the case over to the prosecutor. At that point, it is up to the Solicitor to pursue the case or not. The victim doesn’t get to make that decision. In some cases where the victim chooses not to participate in the prosecution, the prosecutor may decide that without that support their case is not strong enough. In this situation, the case may be dropped. Each process varies, but no matter the specifics of your situation, you need to be working with a domestic violence lawyer as soon as possible.

To speak with an experienced Summerville domestic violence attorney, give us a call at (843) 891-6100 or contact us online.

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