Defense against Domestic Violence
Domestic Violence and the legal aftermath that follows accusations can be devastating to families. We provide dedicated and experienced representation to those whose lives have been affected by these dangerous allegations.
Domestic Violence charges are seriously and vigorously prosecuted in South Carolina. Because these allegations frequently involve families and children, the state aggressively pursues these charges. You will need an attorney who knows how the state will mount a case against you. Attorney Beacham is a former state prosecutor. His experience with the law and knowledge of the legal system can help you obtain the best possible result when facing Domestic Violence charges.
Common Questions about Domestic Violence Charges:
What is the definition of Criminal Domestic Violence?
Under SC Statute 16-25-20, it is unlawful to cause physical harm or injury to a person’s own household member; or offer or attempt to cause physical harm or injury to a person’s own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.
A “household member” is a former or current spouse, currently living with you or has lived with you in the past, or a male and female who have a child in common.
What are some of the factors to consider in a DV case?
- Who called the police
- Were there any physical injuries
- Were there any witnesses, photographs, video, written or oral statements
- Is a copy of the 911 recording available
- Have the police ever been called to this location before
- What is the time frame of when the incident was reported vs. when the actual incident occurred
- What motive does the victim have for reporting a DV
- Is the alleged victim and/or witnesses credible
- Does the alleged victim have a history of Criminal Domestic Violence convictions
- Can I contact the alleged victim? Will this violate the protection order or bond condition?
If an Order of Protection has been issued against you, or you are under a “no contact” order as part of your bond conditions, you must abide by the Court’s order. If the alleged victim contacts you, it is your responsibility to abide by the Court’s Order of no contact. If the alleged victim wishes to have contact with you, the Order must be modified by a Judge to allow contact, if the Court deems this appropriate.
What if the alleged victim does not wish to prosecute the DV?
This does not necessarily mean the case will be dismissed, depending on many factors that can be discussed with your attorney.
What are the penalties for a DV conviction?
This depends on what you are convicted of CDV 1st, 2nd, or 3rd or subsequent offense, whether you were convicted of Criminal Domestic Violence High and Aggravated Nature, etc. CDV convictions can be either misdemeanors or felonies, depending on what someone is convicted of. Domestic violence is serious allegation with potentially life-changing consequences.
For example:
- You may lose your right to own a firearm
- You may have a criminal record that may make it difficult to find a job
- You may not be able to stay in your own home
- You may have a restraining order that could keep you from seeing your loved ones