Due to the way South Carolina CDV Law is written not every case involves actual physical evidence or other forms of proof. Many cases are brought on nothing more than "he said, she said", and with numerous reasons why someone would provide false testimony people can be unfairly arrested and prosecuted in Court.
When a CDV case is based on false allegations it is important that the defense be able to clearly articulate the motivation for the lie. Once this is done it can be used to challenge the false testimony during the CDV trial in an effort to demonstrate to the Court the errors in the State's case.
Examples of such motivations are:
- Using police to try to gain an advantage in a divorce or custody case
- Creating a situation where a civil suit for money damages will be filed after a CDV arrest in an attempt to extort money
- Reports made to 911 or police during a heated argument
- Friends, family or neighbors may make up allegations in an effort to force a break up when they simply don't like or hold a grudge against someone
- Mental illness can cause someone to act irrationally or have a false recollection concerning an argument
The defense attorneys at the Law Office of James R. Snell, Jr., LLC, of Lexington, South Carolina, represent clients throughout South Carolina fight unfair, false and exaggerated domestic violence cases. If you would like to find out how we can help you in your CDV case contact us today at
1-888-301-6004. Initial appointments are provided at no cost at our office located at 316 South Lake Drive, Lexington.