Recent Posts in South Carolina CDV Law Category

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Operation Homefront Defense

Spartanburg County is participating in a pilot program with the U.S. Attorney's Office in which some domestic violence cases are being prosecuted in Federal Court. Not all cases qualify, and ones ...
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How Your Record Looks After an Arrest

There are a lot of bad things about being arrested for domestic violence. No-contact orders can tear apart your family; legal and bail bond fees can bankrupt you; the stress of worrying about getting ...
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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 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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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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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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CDV and Unemployment Benefits

South Carolina law gives special status to those who allege being victims of domestic abuse in many contexts. This even extends to those applying for unemployment benefits. S.C. Code § 41-35-125 ...
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What is the statute of limitations on CDV?

One question that is frequently asked by those curious about domestic violence cases is what is the statute of limitations on a CDV charge. A statute of limitations is a law that sets forth a specific ...
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Does the no-drop policy mean a lawyer can't help?

A frequent question submitted by readers of this website is whether or not the CDV no-drop policy means that a defense attorney can't help with the case. The question usually goes on to ask if ...
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South Carolina Court of Appeals Issues New CDVHAN Opinion

On June 6, 2012, the South Carolina Court of Appeals issued an opinion from an appeal on a CDVHAN Conviction in Lexington County. The case is State vs. Bennie Golston. For a complete text of the Court ...
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False allegations in divorce cases

An unfortunate reality is that many times people try to make use of South Carolina CDV Law in order to gain an advantage in a divorce or custody case. When someone is arrested for CDV many times the ...
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How to avoid mandatory jail for South Carolina CDV Charges

Several South Carolina CDV charges have mandatory jail or prison sentences. When mandatory sentencing applies the judge must sentence everyone who is convicted to some jail or prison time. These ...
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Upstate Legislature Wants Life Sentences for Those Convicted of CDVHAN

A state senator from the upstate has recently introduced legislation calling for mandatory life without the possibility of parole sentences for those with a prior conviction for a serious offense who ...
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Do the police need a warrant to arrest for CDV?

South Carolina law authorizes the police to make an arrest for CDV without a warrant. The police may only make an arrest for CDV without a warrant when the police either observed the (alleged) crime ...
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How should I plead in Court to CDV?

In South Carolina you can be technically guilty of domestic violence even in cases where there was no physical harm suffered by the alleged victim. There are however numerous legal and factual ...
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What happens if the alleged CDV victim changes their mind and wants to dismiss the charges?

Often times after the police respond to reported CDV and make an arrest the alleged victim wants to seek to have the charged dropped. The one arrested may not have been the only one involved in the ...
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