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 with a criminal conviction.
Anytime someone alleges that you are guilty of a CDV for physically assaulting them you can face a civil lawsuit for common law battery. This is a civil claim that can be brought directly against you by someone who claims that you assaulted them.
While the fine for a CDV 1st conviction in criminal court is limited to $5,200 there is no limit to the amount of damages that can be awarded a victim in a civil lawsuit. Civil battery cases are not brought by the police and the CDV Court will have no control over whether or not the alleged victim in any given case files a lawsuit.
