Domestic Violence Blog

Dealing With a Flip-Flopping Accuser

A significant number of our domestic violence cases involve allegations made by accusers who almost instantaneously feel bad and regretful for their role in getting our client arrested. These are ...
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It just got worse for those accused of DV

There has been a significant development in South Carolina domestic violence law, and one that is not good for the accused. On March 9, 2017, the South Carolina Attorney General’s Office issued ...
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Were you overcharged with DV 2nd?

With the South Carolina Domestic Violence Reform Act of 2015 the legislature created a new tiered system of domestic violence charges. Gone are the simple days of CDV 1 st, and in its place are three ...
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Charged with domestic violence over the holidays?

No one is surprised that the holiday season results in an uptick in DUI charges. But did you know that this is also the time of year where many people are arrested for domestic violence? A domestic ...
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Does anyone care about a criminal record?

It really is unfair, but there is a major distinction made between people who have a clean record and one that contains even a minor blemish. There is even a bigger distinction if that blemish is a ...
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How Much Jail Time Can You Get for DV 3rd?

The first question we are asked by most clients arrested for DV 3 rd is how much jail time they are facing. I don't think we have ever encountered a client that was anxious to return back to the ...
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What is the difference between DV 1st, DV 2nd, and DV 3rd degree?

There remains a lot of confusion involving the differences between South Carolina's new domestic violence offenses. This began in mid-2015 with the passing of the South Carolina Domestic Violence ...
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No Contact Violations in DV Cases

One of the biggest changes caused by the 2015 Domestic Violence Reform Act was moving many first offense CDV cases into General Sessions. As a result many cases that before could have been prosecuted ...
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Who is Arrested for Domestic Violence? Is Everyone Arrested Guilty?

I can say with absolute certainty that there are two things true about domestic violence arrests: There is no "type" of person who is arrested for domestic violence. Many people are arrested ...
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How serious is a General Sessions level domestic violence case?

General Sessions is the name for the criminal court in South Carolina of unlimited jurisdiction. That means that it is the court designed to prosecute major felonies, and dish out severe punishments ...
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Challenging an Enhanced CDV

A common issue in defending CDV charges is assisting clients who have been charged with either a 2nd or 3rd offense Criminal Domestic Violence charge. This posting discusses a legal challenge to the ...
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Five Popular Myths About CDV Cases

1. If your partner simply asks to have the charge dismissed it will go away. There is a "no drop" policy in place that applies to domestic violence cases. This rule prevents the police or ...
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What happens if you want to move while your CDV case is pending?

If you move or change your contact information while your CDV case is pending it is important that you notify your attorney’s office. You should also notify your bail bondsman. Your attorney ...
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Why hoping someone won't come to court doesn't work.

Many CDV defendants rely upon their partner or another witness not coming to court to testify against them. They beleive that because the other person has expressed a disinterest in coming to court or ...
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What can be done against someone who falsely accuses you of CDV?

Many CDV arrests are made as the result of false or unfair accusations brought by an angry partner. Just being arrested can create a significant hardship including: Spending at least several hours in ...
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What if you are guilty of CDV?

Although many of my clients have been falsely or unfairly arrested for domestic violence I have represented many people who have caused serious injuries. Sometimes it is an isolated incident that just ...
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Do police need a warrant to arrest for CDV?

For many years it was standard practice for law enforcement to write CDV charges on traffic tickets. Then last year the South Carolina Court of Appeals held in a case entitled State vs. Ramsey that a ...
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If I'm guilty of CDV what can a lawyer do?

Although many people are arrested for CDV based on false or unfair allegations, many others are arrested after they have in fact been physically abusive toward their spouse or other companion. If you ...
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What if the police lied in their report?

A common issue in defending CDV cases is learning that the police report contains false or misleading information. Sometimes it even seems that the police have gone as far as to actually lie or ...
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If you have been arrested for CDVHAN will you be charged with a felony?

When determining whether or not your charges are misdemeanor or felony level it is important to understand that just because you have be arrested for an offense it is not the same thing as being ...
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DSS and your CDV case

Many people are surprised to be contacted a few days after their CDV arrest by social services. Around South Carolina police agenicies are automatically forwarding copies of police reports to ...
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Determining the CDV Primary Aggressor

-A common allegation in a CDV case is one where both sides have alleged to the police that they were assaulted by the other. When this occurs the police are instructed to comply with S.C. Code § ...
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Why are woman arrested for CDV?

As a CDV defense attorney representing clients throughout South Carolina, I am seeing a steady increase in the number of woman who contact my office after being arrested. Many times the woman is the ...
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Take Pictures of your CDV Injuries

Many times an individual who themselves has been injured in a domestic dispute will find themselves falsely or unfairly arrested and charged with CDV. Sometimes these injuries may be immediately ...
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Five Common Mistakes Made After a CDV Arrest

As a CDV Defense Attorney I see people who have recently been arrested make the same mistakes. Often this is due to either not appreciating the gravity of their case, or simply being misinformed. Here ...
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