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Greenville Criminal Domestic Violence Lawyer

KENDRICK & LEONARD, P.C. > Greenville Criminal Domestic Violence Lawyer

Greenville SC Domestic Violence Lawyer

Domestic violence is a serious crime. It is the most arrested crime in Greenville, SC, and a criminal domestic violence lawyer can help protect your legal rights in your criminal domestic violence (CDV) case. When acts of criminal domestic violence occur, it can cause harm or injury that violates the law. Even threats or attempted harm are considered domestic violence prosecuted under the law.


If arrested because of harm or threats to a family member, you have a right under the law in Greenville, SC, to have a criminal domestic violence defense lawyer advise you on your legal rights and help you understand the law when it comes to domestic violence as a criminal charge.


Domestic Violence and Relationships

Domestic violence in Greenville can occur by any household member. You do not have to be married for a domestic violence arrest. When it comes to these types of cases, Greenville, SC, recognizes spouses, former spouses, individuals that have children together, any partners that live together or have lived together that are of the opposite sex.


Greenville, SC, has issued the S.T.O.P. Violence Against Women program that is designed to stop violence and sexual assault by prosecuting those that partake in these behaviors. Through the S.T.O.P. Violence Against Women program, officials have been made more aware of prosecuting these behaviors and recognizing the signs that domestic violence is occurring to women. For this reason, it is imperative that you have a criminal domestic violence lawyer on your side to fight your case.


When you work with criminal domestic violence lawyers, you get the benefits of understanding how the domestic violence laws in Greenville, SC, affect you. They can help you navigate the legal system and ensure you are not punished by for a crime you did not commit.


Fighting a Restraining Order for a Criminal Domestic Violence Case in Greenville, SC

Restraining orders are designed to protect those that are being abused or threatened by another individual in their life. When a restraining order or protective order is issued against you by the court, you are forbidden from coming in contact with the plaintiff in the case. You may also not come near their household or their place of employment. These orders can also take your right to see your children away.


These types of restraining orders can be disputed by working with a criminal domestic violence lawyer. Your criminal defense attorney can file the necessary paperwork to fight the claims against your partner or former partner and make sure an unduly issued restraining order does not occur against you for a crime you did not commit.


When there is a motion to serve you with a restraining order, you will receive a written notice of the hearing. A court hearing will follow within 15 days of receiving the restraining order petition. In Greenville, SC, there are several orders that can occur from a restraining order hearing. The court may order a prohibition of abuse, threats or contact. They can prevent you from coming to your home or any location decided by the court.


These orders can also award temporary custody of your children to your partner if determined that they are in danger of being harmed. A domestic violence defense lawyer can fight for your visitation rights or for you to avoid paying temporary child support.


If you live in the same home as the plaintiff, the restraining order can require you to leave your home and give up possession of it for a temporary period of time. These orders can also stop the destruction of property and cause you to pay the lawyers’ fees and costs of your partner.


When your partner files for a restraining order against you, these orders are put in place for six months to one year. They can also request an extension if more time is necessary to protect them. A lawyer can help you fight a restraining order against you and make sure you are not put out of your home or lose your kids in the process.


Fighting an Emergency Restraining Order

In some instances, your partner may file for an emergency restraining order. This stipulates that the petition hearing occurs within 24 hours. You need to hire a lawyer as soon as possible to help you in these cases by building a defense for the alleged criminal acts you are accused of.


Having a restraining order placed against you takes away your freedoms and can limit your ability to see your children. You can be removed from your own home and have nowhere to go in lieu of the order. When you work with a Greenville criminal domestic violence defense lawyer, they will fight for your legal rights and keep your family together so that you do not miss out on their lives and spending time with them.


Greenville Criminal Domestic Violence Penalties

Domestic violence charges can be severe and impact your life in a negative way. You may be forced to pay penalties or spend time in jail for the offense. The penalties and charges in domestic violence can be fought by criminal domestic violence lawyers, allowing you to avoid this charge on your record.


Charges of domestic violence are often misdemeanors, but in some cases, they can be considered a felony charge. This can drastically affect your life moving forward, making it difficult to obtain a job or housing. With a felony charge on your record, you lose your right to vote, or you may be threatened with deportation if you are not a permanent citizen.


First Offense Charges

Your first offense of domestic violence can cause a fine of $1,000 to $25,000 or up to 30 days in jail. You may have to complete a domestic violence treatment program in lieu of your sentence, which can be difficult to manage with your personal life and employment. A CDV defense lawyer will work in your best interests to help you avoid or reduce these charges.


Second Offense Charges

In the second offense of domestic violence, there is a fine of $2000 to $5000 and 30 days to one year in jail that can be handed down by the court. On the second offense of domestic violence, 30 days is mandatory in jail, causing you to miss work and preventing you from seeing your family on a regular basis. Allow a Greenville CDV defense lawyer to help you in your case. They can reduce the jail time served and make sure you do not put your job in jeopardy.


Third Offense Charges

Being charged with a third offense of domestic violence is a felony under the law in Greenville, S.C. This is punishable by up to one to five years in prison. These are serious charges that require you to rely on a criminal domestic violence lawyer to represent you in court. These charges can drastically and significantly alter your life. With the support of Greenville criminal domestic violence defense lawyers, you have the opportunity to reduce time served and ensure you do not end up with a felony charge on your record.


Aggravated Domestic Violence Charges

When aggravated domestic violence occurs, it is also considered a felony regardless if it was the first or third attempt. With these charges, you would be facing up to 10 years in prison. The mandatory sentence with these charges is one year. Attending a domestic violence treatment program can help reduce your sentencing for these crimes. A Greenville domestic violence defense lawyer can ensure you take advantage of every opportunity available to you to reduce your prison time under the law.

Multiple offenses of criminal domestic violence stay on your record for ten years. During this time, if arrested for domestic violence, you face stiffer penalties. Allow a Greenville criminal domestic violence lawyer to help you in your case.


Criminal Domestic Violence Rights

When accused of domestic violence in Greenville, SC, you have the right to have a court trial just like any other criminal case. It is the job of the prosecution to show your guilt of the accused crime. The plaintiff’s attorneys need to prove you committed the domestic violence crimes that your partner is attesting to in the case. This can be a difficult prospect as there are not many ways to present evidence and facts in the case.

Often times, there are no witnesses besides you and your partner to the events that happened that day. Other times, there are photos of the injuries that your partner may have sustained. Your criminal domestic violence lawyer might establish self-defense on your behalf if you were not the primary aggressor. This can help to prove that the injuries were sustained out of protection. You may have your own injuries that can support these claims and become evidence in your domestic violence case.


“No Drop” Policy in Greenville, SC

Your partner may have a change of heart and not want to press charges against you for the incident that took place. In Greenville, SC, there is a “no drop” policy that prevents the police from dropping any and all charges of domestic violence against any individual. All of these charges must be prosecuted by law even if your spouse does not want to go forward with them. This information may be helpful in your domestic violence case as Greenville criminal domestic violence lawyer can use this information to show that the alleged domestic violence incident was a mere misunderstanding that got out of control. This can help to reduce your charges and prevent you from serving jail time from the offense.


If your partner wants to drop their domestic violence charges against you, they need to rely on the prosecutor to also agree that no domestic violence charges occurred in the incident. While there is a “no drop” policy in Greenville, SC, some cases can and do get dropped depending on the discretion of the prosecutor. Having a criminal domestic violence lawyer help represent you in a Greenville court can improve these chances and ensure that a domestic violence charge does not appear on your record forever.


The Effects of Criminal Domestic Violence Charges

Having a charge of domestic violence on your record can take away some of the rights you have. You will be unable to own a gun in Greenville, SC, as a result of the charges whether it is your first or third offense of domestic violence. This basic freedom is enough to fight for your rights under that law with the help of a CDV defense lawyer.


Whether you are a gun enthusiast or a hunter, you should not have your gun rights taken from you without just cause in a domestic violence case. Speak to a Greenville criminal domestic violence defense lawyer immediately after being arrested in a domestic violence case. They can advise you on your legal rights and help develop a case to prove you are innocent of the charges.


Consult with a Criminal Domestic Violence Lawyer Today

While domestic violence is a serious charge, often these cases get blown out of proportion in the heat of an argument. It is the responsibility of the police to determine who the aggressor is in a domestic violence case by hearing your account of the events. The police can make mistakes that can cause you to have domestic violence charges presented against you because of South Carolina’s “no drop” policy. Having a criminal domestic violence lawyer help you through these charges can keep your family intact as well as eliminate the potential of having to serve time for a crime that you did not commit.


When arrested because of domestic violence, you need a CDV defense lawyer you can count on for your case. An experienced Greenville domestic violence defense lawyer at Kendrick & Leonard, P.C., can help you with your domestic violence case. They will represent you in court to prove that your charges should be dropped or reduced. To arrange an appointment, contact a skilled lawyer at Kendrick & Leonard, P.C.


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