If I have a new wife is it still CDV 2nd?

A question that for whatever reason keeps popping up in my practice is whether or not someone can be charged as a domestic violence repeat offender if the alleged victims in their case are different.

Some defendants will believe that if a new girlfriend or wife (or boyfriend or husband) is the alleged victim of a new CDV charge then they should only be prosecuted as a first offense.

The law in South Carolina does not make any distinction between who the alleged victims were in a domestic violence case. If you have a prior CDV conviction within ten years it doesn't make any difference who the alleged victim was; you will face an enhanced level of offense.


The Law Office of James R. Snell, Jr., LLC is a CDV Defense Law Firm in Lexington, South Carolina. We provide experienced counsel to those charged with domestic violence and also representation for other criminal defense matters. To receive a free in office consultation with an attorney about your case contact us 24 hours a day at 1-888-301-6004.

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