Recent Posts in Domestic Violence Category

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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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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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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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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 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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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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Will having your spouse arrested for CDV help you get divorced faster?

A common misconception is that if you have your spouse arrested for CDV it will result in being able to obtain a divorce in as little as 90 days and it will be a faster and easier process. This ...
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Young Adults and CDV

A growing trend appears to be to charge young adults or teenagers with Criminal Domestic Violence. Unfortunately if a young person is charged with CDV it can be especially damaging to them. A CDV ...
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Can you be sued for domestic violence?

When you are arrested for CDV in South Carolina you are facing a criminal charge. The case is brought by the State and if you are convicted you will face a potential or mandatory jail sentence along ...
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Arrested for CDV? Better check your Facebook account.

It seems like everyone has a Facebook account nowadays. Even CDV defendants. Police and CDV prosecutors know this and are now routinely checking up on defendants using Facebook or other social media ...
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What if my wife just says she made it all up?

A question I receive a lot from current or prospective clients is what will happen to their CDV case if their wife (or other household member ) calls the police\prosecutor\court and advises them that ...
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Proposal to Create Domestic Abuse Registry

A Texas Lawmaker has proposed creating a bill to create a registry for repeat CDV offenders. The registry would operate similar to the sex offender registry. The general public would be able to search ...
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Lifting CDV Bond Restrictions

When you are arrested for CDV in South Carolina the Bond Court will routinely order that you have no contact with the alleged victim. The Court may not care if you are married, have children, or live ...
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What is a Household Member?

Under South Carolina law in order for someone to be arrested or prosecuted for Criminal Domestic Violence (CDV) it is necessary that the alleged victim be a household member. As defined by South ...
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Spousal Sexual Battery

I have included some information on the website applicable to the charge of Spousal Sexual Battery. This is a criminal offense for allegedly raping a current spouse. It frequently is accompanied by ...
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Kidnapping and CDV

I have added some additional information concerning South Carolina kidnapping law to the website. It is not uncommon for a kidnapping charge to be brought at the same time as a CDV or CDVHAN. This is ...
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Do I Need to Hire a CDV Lawyer?

If you have been arrested for domestic violence the first decision you have to make is whether or not you are hiring a lawyer. Many times people charged with CDV have had no or only little contact ...
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Competency to Stand Trial for CDV

In order for a criminal defendant to stand trial they must be competent to do so. Competency to stand trial is a legal issue that takes into account a person's ability to understand and participate in ...
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Appealing a CDV Conviction

Under South Carolina law those convicted of CDV have a right to appeal their case. Appeals from CDV 1st convictions obtained in the Magistrate or Municipal Court are taken to the Court of Common ...
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