Domestic Violence

SC family law can sometimes involve criminal law matters that are commonly denominated “domestic violence,” of “DV.” Just before and sometimes after divorce proceedings begin, acts of violence often erupt. The prevention of physical and emotional abuse is also a central purpose of South Carolina state laws controlling the crime of family violence.

The potential for domestic assault, battery, or other abuse goes beyond relationships that are part of a formal marriage. Unmarried parents of children or anyone residing together for a long or short time can be covered under SC DV laws.

Whether a current or former “partner” and the offspring of these relationships will be clear victims covered by a family law judge’s jurisdiction. Also, an elderly family member residing within that “residence” or those in dating relationships are covered.

In addition, based on recent US Supreme Court rulings, all states now have domestic laws that extend to roommates and domestic partners of all gender combinations. Thus, this area of law has put demands upon law firms in SC to “up their game,” in knowing how to diffuse volatile and anger-based confrontations.

In 1994, the US Congress passed a federal domestic violence laws applicable to all states. That law was the Violence Against Women Act. Also 1994 and later amended 1996, Congress also enacted changes to the federal Gun Control Act making it a federal crime in certain situations for an adjudicated domestic violence abuser to possess guns.

Due to the huge burden domestic crimes were adding to the civil law and criminal justice system, these new federal laws declared that America is a national crime. Further, these federal laws created a framework by which all state laws on this subject must “fall in line” in terms of controlling the right of domestic violence offenders to own or possess guns.

Other issues in domestic violence cases are left to state and local authorities, but these laws have all targeted physical, emotional and mental abuse to spouses and children who are living within a domestic unit. When physical evidence or allegations of battery or other types of abuse exist, and evidence is gathered by law enforcement officers, a family law judge in SC will typically issue a restraining order that legally prohibits violating that the restrictions created by that lawful protective order.

Other issues in domestic violence cases are left to state and local authorities, but these laws have all targeted physical, emotional and mental abuse to spouses and children who are living within a domestic unit. When physical evidence or allegations of battery or other types of abuse exist, and evidence is gathered by law enforcement officers, a family law judge in SC will typically issue a restraining order that legally prohibits violating that the restrictions created by that lawful protective order.

Aggressive Representation by Skilled Domestic Relations and Criminal Defense Attorneys

Any domestic relations dispute among household members can result in a domestic disturbance call. Members of law enforcement are under fixed directives to make an DV arrest when responding to a domestic abuse call. These criminal law arrests arise from domestic violence-related police reports and are criminal in nature.

If police find a mark on somebody when responding to a domestic abuse call, someone will likely go to jail. Members of law enforcement are under great pressure to make an arrest in these types of situations — even without physical contact if there is evidence of a physical threat. As a result, criminal domestic violence is a common charge in South Carolina.

Comprehensive DV Representation From an Experienced Legal Team

The legal team at Price Law is committed to providing comprehensive and aggressive representation when household violence allegations lead to an arrest. Being charged with domestic violence can wreak havoc on many aspects of your life.

The court likely will issue a no-contact order, or restraining order, preventing you from returning to your home. A no-contact order hearing may be requested in family court. Any statements you make in that hearing can be used against you in criminal court.

A conviction for domestic violence SC can have uncommon and far-reaching consequences that will impact many aspects of your life. Child custody matters, your job, and your ability to own a firearm under federal law can be adversely affected. You positively need the assistance of an experienced domestic violence attorney to protect your rights, and to (hopefully) find solutions that do not destroy your family unit.

Criminal domestic violence is an enhance-able offense under South Carolina law. With the propensity for these kinds of allegations to lead to an arrest, it is critical to rigorously defend against the criminal charges at every level possible.

SC domestic violence attorneys James H. Price IV and E. Powers Price will completely review the details of your unique circumstances. Our seasoned family violence lawyers in SC evaluate alternatives, including counseling, to resolve the issues to provide comprehensive solutions to protect the rights of clients.

Family Violence Attorneys Greenville SC: Free Lawyer Consultation

If you are facing a domestic violence allegation and seeking the best family court lawyers in South Carolina, take advantage of our no-cost, divorce lawyers near me free consultation. Do not just blindly pick legal counsel from an online lawyers’ directory, since an image tells you nothing about the quality or tenacity of that legal professional.

Call now to speak with our lawyers near me in Upstate SC, and receive your free consultation lawyer phone call, virtual meeting or in person consult with our South Carolina lawyers. Contact us at (864) 271-3535.

No one wants to call a criminal defense attorney or divorce lawyer, but sometimes it is a necessity. Call today for your. You will be relieved to get some quality legal information, and glad to have made that call.