Tag Archive for: Domestic Violence Laws

Can Domestic Violence Charges Be Dropped?

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Did you know that every year in the United States over 4.7 million women experience physical violence by an intimate partner? Did you also know that 1 in 7 American men will experience violence by an intimate partner in their lifetime?

If you’ve been the victim of domestic violence, there are probably many questions on your mind. You may feel scared about what’s going to happen.

You may be wondering if you–the victim–can drop the charges against your abuser. Or, you could’ve been the one charged with domestic violence and are wondering the same thing.

So, can domestic violence charges be dropped?

In this article, we’ll explore whether getting domestic violence charges dismissed is possible. We’ll also explore the legality surrounding domestic violence in South Carolina.

Can Domestic Violence Charges Be Dropped?

It’s common for people to wonder how to get charges dropped for domestic violence. Sometimes victims will want to drop the charges at a later time. Other times, victims change their minds and don’t want their loved one to get prosecuted.

In most cases, victims of domestic violence cannot decide to drop the charges.

Contrary to popular belief, victims don’t actually issue the charges. They can press charges, but they have no authority to drop them.

In South Carolina, household members constitute as victims of domestic violence. These include spouses, former spouses, and people who have children together. It also includes people of the opposite sex who live together or those who have previously lived together.

How Do Domestic Charges Get Issued?

Can domestic violence charges be dropped by the police?

The answer is no. In most cases, police are the first ones to respond to domestic violence calls. Domestic violence victims, or a friend or relative, can file a report at the police station, as well.

How police officers respond to domestic violence calls varies on a state by state basis. Some states require officers to remove someone from a scene of domestic violence. It’s an officer’s job to recognize the aggressor and remove them from the situation.

In South Carolina, police officers can make an arrest (with or without a warrant) if they have probable cause. Probable cause, in cases of domestic violence, means that an officer has reasonable belief that a crime has occurred.

Who Can Drop Domestic Violence Charges?

Police officers are the ones who file reports of domestic violence through to the district attorney. It is the state government that issues all criminal charges, including domestic violence.

With that said, the state–specifically the district attorney–has the power to dismiss domestic violence charges.

Getting domestic charges dismissed is not easy. Nowadays, with domestic violence rampant across the United States, it’s much harder to do. But it’s not impossible, either.

How Can Victims Get Charges Dropped?

When victims want to get domestic charges dropped, they’ll need something known as an affidavit of non-prosecution.

An affidavit of non-prosecution is a statement by the supposed victim in a criminal case. This statement acts as an explicit request to have pending charges dropped.

Again, remember that only the prosecutor can drop the charges. But an affidavit of non-prosecution may be able to sway their decision.

Next, we’ll explain what you must do to get an affidavit of non-prosecution.

How to Get an Affidavit of Non-Prosecution

First, victims will need to meet with a witness coordinator. During this meeting, they will explain the incident and the circumstances surrounding it. The victim will then explain why he or she wants the domestic charges dropped.

It’s advisable for the victim to have their own attorney present during this stage and for the rest of the case. Getting an affidavit of non-prosecution is one of the first things your defense lawyer should help you do.

An affidavit of non-prosecution is also an opportunity for the victim to clarify any misunderstandings. Sometimes police can misunderstand or exaggerate circumstances around an incident. Or, an alleged victim may have misstated something when interviewed by police.

Meeting with the Prosecutor

After the initial meeting with a witness coordinator, both will meet with the prosecuting attorney.

During this next meeting, the prosecutor will review the affidavit on non-prosecution. The prosecutor may then request that certain conditions apply to the defendant and the alleged victim.

Conditions That May Apply

The prosecutor may request that the defendant agree to go to anger management classes or counseling. They may also request that the victim attend awareness classes.

The affidavit on non-prosecution itself may also list certain conditions. For example, the alleged victim will not be able to hold anything against the prosecutor or the court once the charges get dropped.

The affidavit of non-prosecution may also state that the alleged victim will not be able to re-file if they change their mind.

What About Cases of Aggravated Domestic Violence?

There are different levels and types of domestic violence in South Carolina.

Domestic violence cases of a high and aggravated manner are not easily dismissed. In fact, these types of charges typically result in punishment, such as prison time.

What exactly does “domestic violence of a high and aggravated manner” mean?

When a defendant commits assault or battery against a household member with a deadly weapon, the state considers this “domestic violence of a high and aggravated manner.” The state also lumps cases of assault or battery where serious injury occurs into the same category.

What Can You Do to Help Your Case?

Have you been charged with domestic violence but not “of a high and aggravated manner?”

If so, you have a better chance of getting the domestic violence charges dismissed.

First, you should hire a domestic violence defense attorney to help you make the best case. You’ll want to gather as much evidence as possible that proves you did not commit an act of domestic violence. You should write your own record of the incident and have any witnesses create written statements, as well.

Try to get released from custody as soon as possible. The sooner you can meet with your defense attorney, the better. You must also continue to meet the conditions of your release and stay out of trouble.

Defense Attorneys Fight for You

“Can domestic violence charges be dropped?” is a common question that people ask in domestic violence lawsuits.

Have you been accused and charged with domestic violence? Are you the victim of domestic violence and want to get the charges against the defendant dropped?

Either way, it’s time to get in touch with the experts at De Bruin Law Firm. Our team of criminal defense attorneys is here for you.

Contact us today to see how we can help your case.

What To Do When An Order Of Protection Is Filed Against You

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“Because Your Future Deserves a Defense”

If you have recently found out that an order of protection has been filed against you, you probably have many questions about how to proceed. If a temporary order of protection from domestic violence has been filed against you, the petitioner is claiming that you have committed abuse against them. This is a serious charge that can have permanent consequences to your life; therefore, it is essential that you hire a domestic violence attorney to help you understand the charges. In this blog, we will go over some of the information you are probably looking for when an order of protection has been filed against you.

Order Of Protection Versus Restraining Order

In South Carolina, there are two types of restraining orders: orders of protection and restraining orders. An order of protection is essentially a restraining order that is specifically against a member of the same household or family member. According to the state of South Carolina, you can file an order of protection against a spouse, former spouse, someone with whom you share a child, a partner you live with, or a partner with whom you used to live. In contrast, a restraining order is filed against someone who does not live in and never has lived in the same household; for example, in cases of stalking or harassment. An order of protection is specifically used for cases of alleged domestic violence and abuse, which is defined as physical harm, bodily harm, threat of assault, and sexual offenses.

What Is An Order Of Protection?

An order of protection may be temporary or final. A temporary order of protection must be filed before a final order of protection. A temporary order of protection generally lasts for roughly two weeks before a court date during which the court will determine whether or not a final order of protection should be put in place. The exact provisions of the order of protection will vary, but could include:

  • No Contact Provision: One cannot contact the petitioner in any way.
  • Peaceful Contract Provision: One can contact the petitioner peacefully for specific reasons, such as to transfer the care of their child.
  • Stay Away Provision: One cannot get within a certain number of feet or yards of the petitioner or the petitioner’s home, school, job, or car.
  • Move Out Provision: One must move out of one’s home shared with the petitioner.
  • Firearms Provision: One must surrender any firearms and cannot purchase any new firearms.
  • Counseling Provision: One must attend counseling such as anger management or abuser intervention.

What To Do

If you have had an order of protection filed against you, you may feel confused, angry, anxious, or frustrated. While you may be tempted to reach out to your partner to ask them why they would file this against you, it is essential that you have no contact with them. If you do contact them, you could go to jail for a year or face $1,500 in fines. This includes using a third party to contact them, and any form of communication, including texting, emailing, calling, snail mail, etc. Instead, read the order of protection carefully so you understand exactly what you can and cannot do. An order of protection may restrict where you can go and may include one or more of the provisions listed above, so understanding exactly what it says is crucial. It is best to call a domestic violence attorney to defend you at this time; don’t wait.

While you are not required to hire a lawyer to respond to an order of protection, it is in your best interest to do so. A knowledgeable attorney can help you put yourself at the best advantage to protect your rights. To defend you against these charges, a written response to the allegations must be filed. Because the court has so many cases, you will only have a few minutes in the courtroom to defend yourself, and the court has often already made up their minds by the time your case is called. However, the judge will have reviewed your file beforehand; therefore, your best chance for defending yourself against the petitioner’s claims is by writing a response for the judge to review beforehand. As experienced domestic violence attorneys, we can help you review all of the most pertinent information to ensure you are in the best position before your court date.

Hiring An Attorney

When dealing with issues of this nature, it is essential to hire a competent domestic violence attorney for your defense. Representing yourself in court or hiring a lawyer who is not familiar with the complex domestic violence laws in South Carolina may end disastrously. Protect your future by hiring an experienced domestic violence attorney. The De Bruin Law Firm has extensive experience defending those accused of domestic violence. Contact us today to learn more about our legal guidance and services.

Possible Defenses To Domestic Violence Charges

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Facing charges for domestic violence can have a serious impact on your life. It can have detrimental effects on your relationships, your career, and your reputation. If you have been charged with domestic violence, there are several potential defenses that your domestic violence attorney at De Bruin Law Firm could use during your trial.

Wrong Suspect

A defendant may claim that they were not the perpetrator of the abuse; someone else was. To establish innocence, there are a variety of potential options. For example, the defense attorney may present evidence that the defendant was not near the scene of the crime, or that the defendant has an alibi.

Deliberately False Allegations

Sometimes, individuals will make false allegations of domestic violence to spite their partners. This is most common in divorce or child custody cases. If this is your situation, your domestic violence attorney will look for inconsistencies in the accuser’s story, usually by looking at police records and the accounts of eyewitnesses.

Self-Defense

Another possible defense of domestic violence would be a claim of self-defense, or protection of children. This could work if the defendant was facing imminent danger, responded proportionally to this threat, and did not instigate the incident.

Insufficient Evidence

Most commonly, a defendant will argument that there is not sufficient proof of the accusation. You cannot be convicted of domestic violence without sufficient evidence of abuse.

If you are facing domestic violence charges, contact De Bruin Law Firm. We can do our best to protect your rights and defend your future. Call today.

Understanding South Carolina’s Domestic Violence Charges

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Like all states in America, South Carolina has laws that are designed to protect people from abuse inflicted by a member of their own household. It’s important to be aware of the details of these laws, not only so you can know your legal rights in the event that you’re a victim of domestic violence, but also so you’re aware of your legal rights in the event that you’re accused of perpetrating the crime of domestic violence. At De Bruin Law Firm, we believe that it’s important for all individuals to be considered innocent until proven guilty, and our criminal defense attorneys will fight hard to defend the rights of any individual who feels wrongly accused in these cases.

South Carolina’s Domestic Violence Charges

The Palmetto State employs what are known as a gradated domestic violence charges. This means they’re considered to be varying levels and types of domestic violence, each with their own specific definitions and potential penalties.

First Degree Domestic Violence

A person can be charged with first degree domestic violence if law enforcement officers determine they have caused or attempted to cause great bodily harm to a person in their household. First degree domestic violence charges also apply to someone who has violated a protective order, has two or more prior convictions for domestic violence within 10 years, commits domestic violence against a pregnant women, and a number of other situations.

Second Degree Domestic Violence

A person can be charged with second degree domestic violence if law enforcement officers determine they have caused or attempted to cause moderate bodily harm to a person in their household. This charge can also apply to a number of additional acts.

Third Degree Domestic Violence

A person can be charged with second degree domestic violence if law enforcement officers determine they have caused or attempted to cause any harm to someone in their household.

DVHAN

In addition to these gradated domestic violence charges, South Carolina lawmakers have set aside a fourth distinct category of charges. This category refers to domestic violence of a high and aggravated nature, or DVHAN. A person can be charged with DVHAN if law enforcement officers determine that assault or battery has been committed with a deadly weapon, or in such a way that the victim feared serious injury and/or death.

De Bruin Law Firm understand that no case of domestic violence is black and white. Our criminal attorneys have years of experience with these type of cases, and are always available to discuss your particular circumstances.

Effect Of Domestic Violence On Divorce

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Domestic violence includes causing or attempting to cause physical harm to a spouse or former spouse or another household member. In addition to imprisonment, a domestic violence conviction can have serious consequences in a South Carolina divorce case.  If an individual is convicted or pleads guilty to domestic violence, that person may not later claim that there is no physical abuse in a divorce case. Therefore, the negative effects of domestic violence on divorce can be substantial and can have a lasting impact.

Domestic Violence And Divorce

In South Carolina, a divorcing party can allege physical abuse as a fault-based reason for divorce. However, there is no guarantee that a domestic violence conviction will automatically qualify for a fault based divorce. In order to be a reason for divorce, the spouse alleging abuse must prove either physical injury or a substantial risk of death or serious bodily harm.  An example of substantial risk of death is if an individual shoots a gun at his spouse, but misses.

A spouse alleging physical cruelty in a divorce case can file a request for an Order for Protection with the court. After being served with a copy of the Order for Protection, the alleged abuser will have a court hearing. At that time, the court may issue an Order regarding child custody and visitation, personal property, the residence, contact with the minor child and spouse and restrictions on the use of joint bank accounts. The Order for Protection hearing is similar to a trial. Information used during a family court Order for Protection hearing can be used by the prosecutor to prepare for a domestic violence trial.

A spouse who alleges physical abuse in a divorce case must prove that the abuse happened by a preponderance of the evidence. This is lower than the requirement for a domestic violence conviction. In order for an individual to be convicted for domestic violence, the prosecutor must prove guilt beyond a reasonable doubt. Therefore, it is easier to prove that a person committed physical cruelty in a South Carolina divorce case than in a domestic violence case.

There is a good chance that parent who is arrested for domestic violence will be viewed negatively by the family court when it’s time for the judge or jury to make decisions regarding custody, child support, alimony and property division. That is why some spouses make false claims of physical cruelty in order to gain an advantage in their divorce case. However, the false claims can certainly backfire when the truth is revealed.

Can Our South Carolina Attorneys Help You?

An experienced domestic violence attorney in South Carolina is the best resource for protecting your rights when you are accused of domestic violence. Contact Greenville Defense Attorney Aaron De Bruin to speak to an attorney today.

Being Charged With Domestic Violence

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Judge, law, lawyer and Justice concept with a close-up 3d rendering of a gavel on a wooden desktop with dark red-brown background.

Domestic violence is one of the most serious criminal charges. The negative stigma and financial penalties associated with domestic violence charges can damage your career and destroy relationships with friends and family. If you have been charged with domestic violence, it is very important that you understand the basics of the law and consult with an Attorney Aaron De Bruin. In the state of South Carolina, a new law regarding domestic violence went into effect on June 4, 2015. The main difference between the old law and the new law is that the old law increased penalties based on the number of offenses committed, while the new law increases penalties based on the severity of the incident, making it tougher on first time offenders.

The New Domestic Violence Law

Under the new statute, the victim and accused must be male and female and must either be married, live together, used to live together, or have children in common. In order for a charge of domestic violence to be filed, the accused must either actually physically harm the victim or threaten to harm the victim in such a way that a reasonable person in the victim’s shoes would have feared immediate harm. If the accused is charged under threatening the victim, then they must have had the ability at that moment to harm the victim. If the parties to an incident do not meet these criteria then the charge of domestic violence is not issued. Generally, as in the case of LGBT couples, the incident will be filed as an assault or something similar.

Penalties For Domestic Violence

If all the above requirements are met, then the accused person will likely be charged with a third degree domestic violence charge under the new law. A third degree charge is a misdemeanor offense punishable by up to 90 days in jail and a $2,500 fine. The more serious second degree charge must meet additional criteria. A second degree charge may be issued if the victim:

  • Is unconscious;
  • Is disfigured;
  • Temporarily loses control of limbs;
  • Temporarily loses organ functionality;
  • Requires anesthesia;
  • Has fractured or dislocated bones;
  • Requires multiple medical treatments; or
  • Requires serious medical attention.

Additionally, a second degree charge may be issued under the following conditions:

  • The accused already had a domestic violence charge on their criminal record;
  • The accused violated a court-issued restraining or protective order;
  • If the accused knew or should have known the victim was pregnant;
  • A minor witnessed the incident;
  • The accused trespassed to get to the victim;
  • The accused restricted the victim’s breathing;  or
  • The accused denied the victim access to a communication device.

A second degree charge is also a misdemeanor offense, but is punishable by up to three years in jail and $5,000 fine. A first degree domestic violence offense is even more serious and may be issued if:

  • The accused has two or more domestic violence charges within the past 10 years;
  • The accused caused or could have caused serious injury on the victim’s body; or
  • The accused used a firearm.

Contact An Attorney When Charged With Domestic Violence

Finally, the most serious domestic violence charge is “Domestic Violence of a High and Aggravated Nature.” This charge is a felony and can result in up to 20 years in prison. In these cases, the victim is at serious risk of death or disfigurement or a deadly weapon is used. All of these charges are quite serious and if you are in South Carolina and have been charged with domestic violence you need knowledgeable legal representation. Allow the attorneys at the De Bruin Law Firm to represent you and handle your case in this difficult time.

The De Bruin Law firm offers a wide range of legal services to clients in Greenville, SC and the surrounding upstate. Our experienced attorneys can help you with legal matters in the areas of business law, criminal law, estate planning, and real estate law.

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