South Carolina Domestic Violence
Criminal Domestic Violence, or CDV, is one of the most vigorously prosecuted offenses under South Carolina Law. If convicted you will lose your right to carry or possess a firearm, and will face a substantial sentence or a high fine. It only gets worse for those with a prior offense. Mr. Snell understands that just because someone has been charged with Criminal Domestic Violence does not mean that they are guilty of any wrongdoing. Some cases are brought by one partner who may be to obtain an advantage in a Family Court Divorce or Custody case. Law enforcement who responds to a 911 call may have been erroneously trained that when they report for a domestic disturbance call that they must make an arrest, even if they lack probable cause to believe that any crime actually took place. Many situations are completely blown out of proportion, and as a result you may be improperly or overly charged. Defendants are frequently pushed through the system, even if a plain reading of the alleged facts giving rise to the arrest would fail to meet the legal requirements for a Criminal Domestic Violence charge.
The two classifications for Criminal Domestic Violence charges in South Carolina are Misdemeanor and Felony. Misdemeanor Criminal Domestic Violence, or CDV, is prosecuted in the Magistrate Court for first time offenders, and is punishable by either thirty days in jail or a fine of over $5,000. Repeat offenders, or those charged with Felony Criminal Domestic Violence of a High and Aggravated Nature, or CDVHAN, have their cases prosecuted in the Court of General Sessions. Those convicted of Criminal Domestic Violence of a High and Aggravated Nature, or CDVHAN, will receive a sentence of between one to ten years and will serve at least one full year of that sentence, day for day, in the South Carolina Department of Corrections.
In cases where the parties are married, living together or have children together, the victim may be referred to the Family Court for the filing of an Order of Protection under the South Carolina Protection from Domestic Abuse Act. At an Order of Protection hearing you may be ordered out of the home, required to pay temporary alimony, and lose custody or visitation rights to your children. Even in cases without an Order of Protection, the Bond Court's "no contact" Order may separate parties from each other and their children, destroying whole families in the process.
Criminal Domestic Violence arrests are so sought out by local law enforcement that local communities have established special courts just to hear them. The Lexington County Criminal Domestic Violence Court or Lexington CDV Court is located at 139 East Main Street, Lexington, South Carolina. The Richland County Criminal Domestic Violence Court or Richland CDV Court is located at 1400 Huger Street, Columbia, South Carolina. If the charge originates from a town or city, such as Lexington, Irmo, Columbia, Cayce or West Columbia, then the cases will be held at the municipal Court. If you have been charged with Criminal Domestic Violence you should retain an attorney prior to appearing alone in Court. This will ensure that you properly preserve your rights as well as are not pressured into a situation that is not in your best interest.
Mr. Snell is able to represent those charged with Criminal Domestic Violence charges and related Family Court petition. If you have been charged or accused of Criminal Domestic Violence please call for your free case evaluation.
