An accusation of domestic abuse can affect countless aspects of your life. It might lower your standing in the community and could affect your job prospects. Additionally, a court’s finding of extreme cruelty might be used against you as grounds for divorce.
If law enforcement is investigating you for physical battery or assault against a family member, our trusted criminal attorneys could help. A skilled Mount Pleasant domestic violence lawyer may be a knowledgeable resource and advocate for forming a persuasive defense.
Who can File Domestic Violence Charges?
While the alleged victim or “complaining witness” is typically the one who files criminal charges for family violence, this is not always the case. Sometimes charges are filed by law enforcement and prosecuted by a prosecutor even when an alleged victim does not want to prosecute at the time of an arrest.
Dropping Domestic Abuse Charges
If an allegedly injured spouse or relative later decides or reiterates that they wish to “drop the charges,” they may find they are not theirs to dismiss. As such, false reports of family abuse may be precarious, because the original accuser may not be able to undo their falsehood once the case is in possession of the court. A seasoned domestic violence attorney in Mount Pleasant could be a strong advocate in defeating false allegations against a client.
Degrees of Family Violence Offenses
Domestic abuse charges in Mount Pleasant may vary in severity depending on the type of abuse that is being alleged. Per the South Carolina Code of Laws §16-25-30, it is unlawful to cause physical harm to a fellow member of a household. Moreover, per the same statute, it is illegal to threaten or attempt to inflict injuries upon a housemate.
Domestic violence can be charged by degree. First degree offenses concerns grave harm; whereas, a second-degree charge may apply to moderate physical harm. When a person violates an order of protection or commits a violent act in front of a child, the charges might be elevated. An adept attorney in Mount Pleasant could help obtain a less severe sentence for someone accused of family violence.
Domestic Abuse as Grounds for Divorce in Mount Pleasant
Per S.C. Code Ann. §20-3-10, if an estranged spouse can prove extreme cruelty by the hands of their partner, they may be able to achieve a fault divorce. As such, a dissatisfied spouse may allege domestic violence, so that they can present a police report or an order of protection to the court as evidence of extreme cruelty.
A capable domestic abuse attorney in Mount Pleasant may have broad experience with similar cases involving accusations of extreme cruelty to substantiate grounds for divorce. Investigations are extremely important in these circumstances. The lawyers of Adams & Bischoff know their clients must be proactive in their own investigations using experienced investigators with proven track records who know how to assist a defense lawyer in defending against baseless allegations.
Confer with a Domestic Violence Attorney in Mount Pleasant Today
If you are being investigated for family violence, or you have been already charged, it may be beneficial to contact an experienced attorney. A Mount Pleasant domestic violence lawyer might be able to help with issues involving orders of protection or false accusations for the purposes of divorce. Call today to schedule a consultation.
