Domestic violence as a charge in South Carolina is a grave offense that has the potential to affect your life and your rights in society. 

Criminal charges arising from domestic violence have serious legal consequences, which range from fines, imprisonment, or being placed under a restraining or a no-contact order.

Such orders mean that the accused cannot go back home or contact their family, which causes lots of stress and financial burden. 

Moreover, a conviction can affect one’s chances of getting hired, being hired, renting a house, and even getting custody of their children.

Since such an outcome can change one’s life, one needs to act quickly and seek a lawyer to ensure that your rights are safeguarded, and you have proper representation and a defense.

Understanding Domestic Violence in South Carolina

South Carolina laws define domestic violence as a situation where a person intentionally or knowingly causes or attempts to cause physical harm or bodily injury to a family or household member or when the former makes a threat that puts the latter in reasonable fear of harm. 

‘Household members’ are defined as spouses, former spouses, those who have a child together, or people who share a residence. Domestic violence is categorized into three degrees:

First-Degree Domestic Violence

This is the worst type of injury where the victim is badly injured or is in grave danger of dying. 

It may also include the use of a deadly weapon, breach of an order of protection, or the commission of a crime in the presence of a child.

Second-Degree Domestic Violence

This includes physical contact of a non-serious nature or behavior likely to result in such contact being apprehended. 

It can also apply where the defendant has a previous conviction for domestic violence or where the defendant uses a deadly weapon.

Third-Degree Domestic Violence

It is the least severe and entails putting a household member in fear of suffering minor harm or actually subjecting the household member to minor harm.

Legal Consequences

The legal penalties for domestic violence in South Carolina vary based on the degree of the charge: 

First-Degree Domestic Violence

Conviction attracts a maximum of 10 years imprisonment or a minimum of 90 days in jail and a fine ranging from $1,000 to $2,500

Second-Degree Domestic Violence

The penalties are up to 3 years of imprisonment and massive penalties like $2,500 to $5,000.

Third-Degree Domestic Violence

In 3rd degree domestic violence contumacy can result in imprisonment for up to 90 days or a fine ranging from $1,000 to $2,500.

Actions to Take Right After Being Charged

Facing a domestic violence charge in SC can be overwhelming, but the steps you take immediately following the charge are crucial to protecting your rights. 

Staying calm, following legal guidelines, and securing proper representation can make a significant difference in the outcome of your case.

Subdue Yourself and Obey Police Authorities

The first and most crucial stage that one has to take whenever he or she is charged with domestic violence is to calm down. 

This can be a very uncomfortable position, nevertheless, it is highly inadvisable to struggle with the police or start an argument with them. 

Always follow the instructions of the police regardless of the conditions of the charges being laid down as unfair or even based on some false allegations. 

Any attempt to resist arrest or become aggressive will automatically attract other charges hence worsening your legal situation. That way you do not provoke further chaos and instead deal with it through legal means by seeking help from a professional lawyer.

Not to Contact the Alleged Victim

If you have been charged, you should never communicate with the alleged victim, especially if there is a restraining order or no-contact order in force. 

Even if one tries to reach out to the victim directly, through family members or friends, or even on social media, one is likely to be charged with an additional offense. 

They may even use the opportunity to tell you that the matter can be handled outside the court, and if you do contact them, your defense will be severely compromised, and you may end up serving jail time. 

It is crucial for your legal defense to stick to the limitations set out by the court in a very rigid manner.

Secure Legal Representation

This is one of the most important things that should follow being charged with domestic violence: hiring a professional lawyer right away. 

A criminal defense lawyer who has been in practice for quite some time with an emphasis on defending domestic violence cases will be of great help in advising one on how to deal with the legal procedures. 

They will explain the accusations against you, defend your rights, and come up with a suitable legal defense strategy depending on your case. 

If you do not have a professional legal representation you can easily compromise your case or fail to notice crucial chances to contest the evidence against you.

Building Your Defense

When you are charged with domestic violence, it is critical to ensure that you have a solid defense that will enable you to defend yourself against the allegations that have been leveled against you. 

Gathering information, obtaining statements from the witnesses, and investigating potential legal strategies will greatly affect the case.

Gather Evidence

The collection of evidence is perhaps one of the most important tasks when it comes to defending oneself against a domestic violence charge. This also involves gathering any text messages, emails, photos, or any other form of documentation that will help to counter the allegations. 

In cases where the allegations are false or are mere exaggerations, this is valuable in supporting one’s version of the events. For instance, the messages may have a long-standing history of the parties’ non-violent communication, or the photos may not contain the signs of the victim’s abuse.

Witness Testimonies

People who can tell the story of what happened or your character in general will be of great help for your defense. 

Other than the accused, neighbors, friends, or other family members who were present or who witnessed the alleged abuse or were privy to the relationship can prove your demeanor.

Their words can assist in refuting the prosecution’s story or in revealing contradictions in the accuser’s story.

Defenses that are used in domestic violence cases

There are several potential defenses that may apply in domestic violence cases:

Self-Defense

One of the possible defenses may be self-defense if you did it in order to protect yourself from an attack. In such a case, one has to prove that you had a reasonable belief that you would be harmed and acted in a reasonable manner.

False Accusations

The cases when women make up abuse for different reasons, for example during the battle for the children’s custody, are not rare. 

Accusations and the evidence that was provided can be challenged through witnesses who will testify that the accusations were falsehoods or distortions.

Lack of Intent

Sometimes, it might be possible for an action to be performed without any intention of being a case of domestic violence. 

This could be used as a defense to argue against the prosecution’s case if there was no intention of bringing harm or fear to the victim.

Understanding the Legal Process

The legal procedure after a domestic violence charge is a delicate one that could be very daunting. 

Starting from the bond hearing up to the pretrial motions, and if the case will come to that, trial, it is important to know each step in order to build a proper defense and to make sure that your rights are protected.

Bond Hearing

The first legal stage that you will face if charged with domestic violence is the bond hearing after being charged. At this hearing, the judge will determine whether you will be allowed to go free on bond as your case proceeds. 

The amount of the bond depends on the gravity of the charge, past criminal record, and whether you are a flight risk or a threat to the alleged victim. 

Quite often, the court will set certain restrictions on your release, including a no-contact order that will prevent you from having any contact with the victim or going to the residence you shared with him or her.

Pretrial Motions and Hearings

After the bond hearing, you will be subjected to several pretrial motions and hearings. These stages are very important in determining the course to be followed by your defense. 

At this time, your defense attorney will be involved in discovery where both parties share all evidence including police reports and statements from witnesses. 

Your lawyer could also move to have certain pieces of evidence thrown out if they were seized in violation of the law or the case could be dismissed outright because of insufficient evidence or other technicalities.

Trial

In the case of a trial, the legal issues of your case will be analyzed, including the evidence and the testimonies of the witnesses. 

In the trial, both the prosecution and the defense will have a chance to present their cases to the jury and call witnesses to give their testimonies as well as produce physical or digital items. 

Your attorney will have the chance to question the prosecution’s witnesses so as to raise doubts about their credibility and gain evidence for your defense. Finally, when all the facts have been given, the judge or the jury will consider the case and give a verdict.

Potential Consequences Beyond Criminal Penalties

Domestic violence charge is a serious offense that has consequences that are not only limited to the court. Besides, these charges have consequences such as child custody, employment, housing, and personal relationships, which may be lifelong.

Effect on Child Custody and Access

Criminal charges of domestic violence can impact the ability of a parent to have access to their children, as well as the decisions made in child custody and visitation. 

In case you are charged or convicted, the court will consider you a potential threat to the child’s safety, and this will lead to denial of custody or restricted visitation rights. 

South Carolina courts have the best interest of the child as their main agenda and in case there is any evidence of domestic violence the parent may be barred from the children regardless of whether the incident involved the children or not.

Employment and Housing Consequences

The charge of domestic violence also has implications for employment or housing especially when one is convicted. 

Employers perform criminal history, and if you have a record of domestic violence, it will be difficult to find a job, especially in organizations that deal with security and sensitive persons.

Likewise, people with a history of violent crimes can be locked out of tenancies while landlords can refuse to rent to them.

Stigma and Social Relationships

Apart from legal implications and financial costs, one faces a lot of social backlash after being charged with domestic violence. 

This is especially so if the charges are never proven in court and the accuser withdraws the case or the charges are dismissed. 

Domestic violence is not well regarded in society and this may lead to social isolation because friends, family members, and even co-workers may shun the victim due to the stigma associated with the situation.

How Our Lawyers Can Help You

Criminal defense lawyers at Max Hyde Law Firm are committed to giving the vigorous defense you require when charged with domestic violence in South Carolina. 

These cases are never simple and we will do everything to fight for your rights, create a strong defense, and explain each stage of the legal process in detail.

Comprehensive Legal Guidance

Our attorneys will explain to you all the legal procedures and processes in order to help you understand all your legal options at every given time.

Strategic Defense Planning

We will create a defense plan that will be specific to your case and circumstances, it may include disputing evidence or seeking to have charges dismissed.

Representation at Court Hearings

Our team will stand for you in important hearings including bond hearings and pretrial motions, in an effort to help you get the best results in terms of your rights.

Negotiating with the Prosecution

Our attorneys will then talk to the prosecution to try to plea bargain for lesser charges, different sentencing or to have your case thrown out.

Contact Max Hyde Law Firm at (864) 804-6330 for a free consultation to discuss your case and start building your defense.