What to Expect After Being Accused of a Domestic Violence Offense

You can expect the situation to escalate fast after being accused of domestic violence.  Arrest, protective orders, and court hearings can happen before you’ve had a chance to process what’s going on. These cases move quickly, and conviction can lead to jail time, fines, and the loss of your right to possess a firearm. It can likewise affect custody rights, employment, and your reputation.

If you’ve been accused, it’s in your best interest to talk to our Conway domestic violence lawyer at The Law Office of Brad C. Richardson, LLC, as early as possible. We can help you understand your rights, protect your record, and build a solid defense strategy for you.

You Can Expect The Criminal Justice System to Move Quickly and Unfairly

In many cases, once police are called to a domestic disturbance, someone is getting arrested. South Carolina law doesn’t require physical injury to make an arrest, just probable cause that someone attempted or threatened harm against a household member.

Once you’re arrested, bond hearings and protective orders may follow within hours. You may be banned from returning home or contacting the alleged victim, even before your case is heard in court. These orders can separate you from your children, force you out of your home, and place a heavy emotional and financial burden on you.

The problem is that domestic violence cases are rarely straightforward. They commonly involve emotional relationships, conflicting stories, and no witnesses beyond those involved. False or exaggerated allegations can, and do, happen. Likewise, police may have little time to sort through conflicting accounts before making an arrest.

Many cases also involve underlying issues like substance use, mental health struggles, or child custody disputes. Additionally, since South Carolina has a history of high domestic violence rates, prosecutors may feel pressure to pursue cases aggressively, even when the facts are unclear.

What You Should Know About The Levels of Domestic Violence Charges

SC law categorizes domestic violence into three degrees, plus a separate felony offense called Domestic Violence of a High and Aggravated Nature (DVHAN):

• Third-degree domestic violence (a misdemeanor) can be charged even for a first-time offense without physical injury.
• Second-degree includes moderate injury or prior convictions.
• First-degree involves serious harm or certain aggravating factors (for example, committed in front of a child or during a protection order).
• DVHAN is a felony involving extreme risk of death or serious injury, or the use of a deadly weapon.

Even a third-degree charge can result in up to 90 days in jail. Furthermore, DVHAN carries up to 20 years in prison.

How a Conway Domestic Violence Attorney Can Help

A seasoned Conway domestic violence lawyer will review the police report, speak to witnesses, and investigate whether the allegations against you match the evidence. They can modify or challenge protective orders where appropriate, as these can disrupt your life immediately.

Your attorney will also negotiate for a dismissal, reduced charges, or entry into diversion programs when it’s in your best interest. Likewise, they will build a defense that highlights inconsistencies, lack of evidence, or self-defense to fight for you in court, if your case proceeds to trial. They can also protect your custody rights throughout the process if you’re a parent.

Seek Legal Guidance From Our Conway Domestic Violence Attorney

If you’ve been accused of domestic violence, the worst mistake you can make is waiting. Once the system starts moving, it can be hard to undo the damage. Reach The Law Office of Brad C. Richardson, LLC, online or at 843-488-4321 to schedule your confidential consultation today.