Common Defenses Against Domestic Violence

Domestic violence charges are very serious and have ramifications that can indirectly alter your future. In South Carolina, domestic violence is its own charge and has three separate degrees. (First-degree domestic violence charges are the most severe.) South Carolina’s domestic violence laws can be found in Chapter 25 of the  South Carolina Code of Laws. 

However, it is essential to remember that an accusation does not equate to guilt. Consider this scenario: Police officers arrive at a house because someone has reported a domestic violence incident. When the police arrive, they find two spouses and neither show signs of injury. One spouse accuses the other of throwing something at them, but it missed. Even though there was no physical contact, that is still a crime. All the police have to go on is the word of two people, and their stories conflict with one another. 

False Accusations

In this scenario, the police may still arrest and charge the spouse being accused of domestic violence. Due to how serious the crime is, the police may be put into a situation where they must take one person’s word over another. At this point, the person needs to contact a criminal defense attorney accustomed to working with domestic violence cases. Whereas the police were able to conduct a limited investigation, your attorney will perform one of their own. 

Even though offering or attempting to cause physical harm is a crime, the prosecution must prove this beyond a reasonable doubt. If the accusations are baseless, your attorney will demonstrate that in court. 

Evaluating Evidence 

Regardless of the crime, police must follow search and seizure laws and cannot obtain this evidence unlawfully. When you meet with an attorney, they review each detail of the case and will see it differently than you. Not only are they in a position to determine whether you were subjected to unlawful search and seizure, but they understand how to file the motion to evidence to be deemed legally inadmissible. 

Even when the evidence against you is admissible because it was gathered legally, it still may hold enough weight to convince a jury beyond a reasonable doubt that you committed this crime. When the evidence is inadequate, your attorney will convey this to the jury. Further investigation may show that someone was provoked or was protecting themselves from serious injury or even death. Though this may not have surfaced when you were arrested, their lawyer can prove self-defense—which is also a defense against domestic violence charges. 

Cate & Brough 

Domestic violence charges are extremely serious, and you need a criminal defense attorney who will treat this charge diligently. If convicted, you may lose your right to own a firearm or have a restraining order filed against you. Contact the attorneys at Cate & Brough to schedule a consultation if you wish to discuss this matter further.

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Cate & Brough, P.A.

At Cate & Brough, we all have personal experience with family law and family court. We know more than just what the law says about your issue – we know what you are going through.

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