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Who is Arrested for Domestic Violence? Is Everyone Arrested Guilty?

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 based on false or unfair allegations.

People think that those arrested of domestic violence are going to be scary, aggressive and mean people who have done terrible things to their wives and girlfriends. But South Carolina's domestic violence laws are designed so that the police can arrested anyone based on nearly any type of incident.

Our clients now include a great many woman, and also a great many people who themselves called "911" in an attempt to have the police help them cool down an angry partner. We've represented senior citizens and high school students (yes, in the right circumstances even a high school student can be prosecuted for domestic violence).

The police have been trained in "zero tolerance" enforcement. This means that whenever they respond to a domestic disturbance that they should always make an arrest whenever they find that the law was violated in anyway. This is even when no one is asking for an arrest or trying to press charges.

The police do not decide who will be arrested on factors such as:

  • Age
  • Gender
  • Education
  • Child-care responsibility
  • Race
  • Prior criminal record
  • Education
  • Employment history

Additionally the police are not concerned with how important it is that the person they arrested not go to jail so that they can work and support their family, or what might happen to their job if they obtain a criminal record.

South Carolina's domestic violence laws are also designed to criminalize a variety of conduct which otherwise wouldn't be considered criminal, domestic, or violent. There is no requirement that anyone be assaulted or injured, or that an actual attempt to assault or injure be made. Because of this people are at risk of being arrested based on false or unfair allegations, especially the type that can be raised in the heat of the moment when emotions are running high.

Although there is no "type" of person who is arrested, and there are many reasons why someone can be unfairly charged, everyone does have important legal rights that can help them avoid a conviction.

As a criminal defense law firm, and especially one with a great deal of experience in domestic violence law, we assist our clients in avoiding unnecessary criminal convictions. Our services include:

  • Coordinating an investigation into the facts and circumstances of an arrest
  • Requesting modification and revocation of "no contact" bond restrictions
  • Recommending relationship, drug or alcohol counseling as may be helpful to the case
  • Challenging false and misleading evidence
  • Assisting our clients in determining if there are any positive ways to resolve their charge out of contested court proceedings (such as a plea bargain, sentence reduction, or diversion program)
  • Representing our clients at a fully contested trial to try to achieve a "not guilty" verdict

If you or a loved one is facing any domestic violence charge you owe it to yourself to learn how we can help. Request a copy of attorney James Snell's book, or contact us for an appointment.


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