Can senior citizens be charged with domestic violence?

Criminal domestic violence is now a widely prevelant charge in South Carolina. Anyone can be charged with CDV. Unfortunately I am seeing more and more senior citizens being charged. There is no maximum age limit in South Carolina to be charged with CDV.

Domestic violence charges involving seniors present special considerations. The household member relationahip is typically established by a long-term marriage. The ramifications of an arrest can be more serious if the defendant and their spouse also serve as caretakers for each other because the no-contact bond order may require one or both of them to move from home into a care facility.

South Carolina law makes no distinction into the requirements of the domestic violence law or the penalties for a conviction based on the age of the defendant. Senior citizens are subject to be arrest just like any other citizen would whenever the police are called to respond to a domestic argument.

The basic steps undertaken to defend someone charged with CDV are the same for seniors as they are for younger defendants. In many cases I try to include a trusted family member with the discussions concerning the case timeline and basic Court procedures to ensure that my client has the additional support.

Some issues to be considered for any cases involving seniors are:

  • How does the no-contact bond order impact their current housing?
  • Does their medical condition or medications affect the case?
  • Did the police make a mistake in finding evidence of a domestic assault?
  • Was the client properly advised of Miranda rights?
  • Did the client understand their talks with the police?

If you are, or a loved one is a senior charged with domestic violence in South Carolina contact the Law Office of James R. Snell, Jr., LLC, in Lexington about your case. We provide confidential initial consultations at no cost. To schedule your appointment in our Lexington office call 1-888-301-6004.

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