Call Today 888.302.5840
After the Protection Order

Next Step After Protection Order

Domestic Violence Restraining Orders

When someone — a husband, wife, boyfriend, or girlfriend — is arrested for domestic violence, he or she will only be released from jail after posting bond. This may be in the form of cash bond, or the defendant may be released on personal recognizance, which is to say that he or she is released after agreeing to abide by the terms of the bond. In either case, a domestic violence suspect will nearly always be served with a protection order, also referred to as a no-contact order or a restraining order.

The legal system in South Carolina recognizes that romantic partners are often like a pair of magnets, and will tend to snap back together after being pulled apart. The purpose of the domestic violence injunction is to keep you from reuniting with your spouse or partner, with the goal of preventing a repeat of the incident which led to the arrest. A protection order may forbid you to have any type of contact or communication with the other party, may force you out of your home and deprive you of custody of your children, among other things.

Don't Violate a No-Contact Order

The one thing you must not do after being served with a protection order is to violate it in any way. If you are caught violating the order, you can be arrested and sent back to jail, and now you will have to defend yourself against charges of contempt of court, in addition to the original domestic violence charges. This is true even if the other party contacted you and invited you to come over or to meet.

Remember: the state of South Carolina is prosecuting you, and it is not up to the alleged victim to decide whether or not to enforce the restraining order.

Another thing you should be careful of is what is known as a "pretext call." Law enforcement agencies will sometimes have the victim call the perpetrator to request an apology or an explanation of his or her actions. This call is recorded and later used as evidence in court. At all costs, avoid speaking with or coming near the other party.

Handling a Domestic Violence Protection Order

Fortunately, it may be possible to have the order modified or even lifted by petitioning the judge for relief. If it can be demonstrated that the order is excessively restrictive or is unnecessary, the court may agree to change it according to your request. This may be done, for example, to grant the defendant access to the shared home or to provide rights of child visitation. In cases where the defendant and alleged victim wish to reunite, it may be possible to modify the order so that the couple can meet in public, or the order might be lifted entirely.

As mentioned above, you should absolutely avoid violating the order, even if you are confident that you will be able to have it lifted. At the court in Lexington it is common to see couples who are legally separated by a protective order show up in the same car, sometimes even walking into the courthouse holding hands. The court will often post plainclothes police officers in the parking lot or in the window above the entrance to identify people who are violating their orders. This can lead to an immediate arrest when you thought you were about to have the situation handled.

You are in a highly delicate situation, and it is in your best interests to hire an attorney to guide you along the way. Contact us now at the Law Office of James R. Snell, Jr., LLC.

Take Advantage of Our Informational Videos

  • Criminal Domestic Violence

    CDV - Learn more about Criminal Domestic Violence here.

  • CDV - Learn more about the differences between a conviction and an arrest.

    Criminal Domestic Violence part2

  • Reasonable Doubt - Learn more here.

    Learn more about reasonable doubt and how it can effect your verdict.

  • Super Lawyers
  • National Association of Criminal Defense Lawyers
  • South Carolina Association of Criminal Defense Lawyers
  • Better Business Bureau - Accredited Business
  • Top 100 Trial Lawyers - The National Trial Lawyers
  • 10.0 Superb Avvo Rating - Top Attorney Domestic Violence

Stay Updated

  • Immunity Motions in a DV Case

    A defendant in a South Carolina domestic violence case has a right to claim self-defense. Not only can they claim self-defense at trial, they also ...

    View More
  • If You are Planning on Pleading Guilty, Do You Still Need a Lawyer?

    A lot of people feel like they need to just plead guilty. They may think that hiring a lawyer is too expensive, or that nothing can be done to help ...

    View More
  • 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 ...

    View More

Get Started Today

We're Available to Schedule Immediate, Same-Day Consultations
  • Please enter your name.
  • This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.