Domestic Violence Lawyer

Summerville, SC

Facing a Domestic Violence Charge in Summerville, SC? Click here to get help from a Domestic Violence Lawyer with more than 26 years in the legal system.

Need a Domestic Violence Lawyer in Summerville, South Carolina?

If you have been charged with domestic violence in Summerville, South Carolina, you probably have questions.

Questions like…

  • Who should I call?
  • Am I going to jail?
  • What is domestic violence in South Carolina?
  • Can a domestic violence lawyer get my charges dismissed?

Domestic violence is a politically charged issue in Summerville, SC – victim’s advocacy groups are constantly pushing for harsher penalties and increased enforcement, and police and prosecutors are under a lot of pressure to 1) charge domestic violence cases and 2) get convictions.

If you have been charged with domestic violence in SC, you need an experienced and aggressive domestic violence lawyer. The attorneys at Seaton & Duncan will do everything legally and ethically within our power to get your domestic violence case dismissed, negotiate a resolution that is acceptable to you, or win your case in a jury trial.

Summerville Domestic Violence lawyer Seaton & Duncan

cares takes Domestic Violence defense seriously.

 

When you call our office, we will:

  • Meet with you to discuss your case and answer your questions,
  • Request a jury trial when appropriate,
  • Investigate the allegations against you,
  • Obtain and review all evidence the state intends to use against you including incident reports, videos, and witness statements,
  • Identify and interview both prosecution witnesses and potential defense witnesses,
  • Obtain an “affidavit not to prosecute” from the alleged victim when appropriate,
  • Use all means available to gather additional information and evidence that may help your case including subpoenas, FOIA requests, discovery requests, supplemental discovery requests, and motions to compel,
  • Retain experts when needed for consultation or testimony at your trial,
  • Negotiate with the prosecutor or officer to get your case dismissed or to reach a resolution that is acceptable to you, and
  • Try your case to a jury if the prosecution does not dismiss your case or make an offer that is acceptable to you.

When you choose our Summerville, South Carolina domestic violence defense firm to handle your case, you will receive personal attention directly from your domestic violence defense attorney.

We make communication with our clients a priority, will answer your questions, and will keep you up to date on what is happening in your case throughout the process.

Worry Free

They are very good at what they do! Go see them today and be worry free!

– Kipp Cavadias

Great Lawyer

Great Lawyer, will definitely use again when needed. Thank You Beau!

– Charles McGee

Wonderful Lawyer

He truly cares about his clients!! A wonderful lawyer!!

– Lamarr Richardson

* The Rules of Professional Conduct require disclosure that this is a “Testimonial” about the attorney. Please be aware that any result achieved on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.

TYPES OF DOMESTIC VIOLENCE CASES WE ACCEPT

Domestic Violence Third Degree

Third-degree domestic violence, found in SC Code Section 16-25-20, carries up to 90 days in jail and requires proof that you:

  • Caused physical harm to a household member, or
  • Threatened or attempted to cause physical harm to a household member.

A conviction for 3rd-degree domestic violence can be expunged after five years – this is the only type of domestic violence conviction that can be expunged.

Domestic Violence First Degree

First-degree domestic violence carries up to ten years in prison and requires proof that you caused physical harm or attempted to cause physical harm to a household member and:

 

  • There is or could have been “great bodily injury,”
  • You were violating a protection order while committing a DV second degree,
  • You have at least two prior convictions for domestic violence within the past 10 years,
  • You used a firearm while committing domestic violence, or
  • You committed a domestic violence second degree and:
    • The offense was committed in the presence of a minor,
    • The alleged victim was pregnant,
    • The offense was committed during a robbery, burglary, kidnapping, or theft,
    • The alleged victim was choked, or
    • You prevented the alleged victim from calling for help.

Domestic Violence Second Degree

Second-degree domestic violence carries up to three years in prison and requires proof that you caused physical harm or attempted to cause physical harm to a household member and:

  • There is or could have been “moderate bodily injury,”
  • You were violating a protection order while committing a DV third degree,
  • You have a prior conviction for domestic violence within the past 10 years, or
  • You committed a domestic violence third degree and:
    • The offense was committed in the presence of a minor,
    • The alleged victim was pregnant,
    • The offense was committed during a robbery, burglary, kidnapping, or theft,
    • The alleged victim was choked, or
    • You prevented the alleged victim from calling for help.

Domestic Violence of a High and Aggravated Nature (DVHAN)

Domestic violence of a high and aggravated nature, found in SC Code Section 16-25-65, carries up to 20 years in prison and requires proof that you caused physical harm or attempted to cause physical harm to a household member and:

  • There were “circumstances manifesting extreme indifference to the value of human life” and the alleged victim suffered great bodily injury, or the alleged victim reasonably feared great bodily injury or death; or
  • You were violating a protection order while committing a DV first degree.

What are “circumstances manifesting extreme indifference to the value of human life?” It could mean:

  • Using a deadly weapon,
  • Choking the alleged victim until they lose consciousness,
  • Committing the offense in the presence of a minor,
  • Committing domestic violence on a pregnant victim,
  • Committing domestic violence during a robbery, burglary, kidnapping, or theft, or
  • Preventing the alleged victim from calling for help.

Ready To Speak With An Attorney?

Let’s discuss the details of your case and see if we can help.

Common Questions About
DOMESTIC VIOLENCE CHARGES IN SC

HOW DOES A NO CONTACT ORDER WORK?

A No Contact Order is issued by a judge at a bond hearing as a condition of your release on bond. It is not the same thing as a restraining order.

Basically, if you are under a No Contact Order, you must refrain from contacting the victim of your alleged crime. This means no texting, no calling, no following, no social media posting, etc. You can get in big trouble for violating a no contact order and even find yourself thrown in jail for violating a condition of your bond.

CAN MY SPOUSE DISMISS THE DOMESTIC VIOLENCE CHARGES AGAINST ME?

No! It is a very common misconception that the girlfriend, boyfriend, or spouse that filed the domestic violence complaint against the defendant can just drop the charges if they change their mind.

Once the charges are filed and the solicitor has indicted you, there are no “take backs.” Only the prosecutor can decide to dismiss the charges at this point.

DOES PHYSICAL INJURY HAVE TO OCCUR TO BE CONVICTED?

Actual physical injury doesn’t have to occur in order to be convicted of domestic violence. Surprised? This is because even offers to injure and threats of injury are included in South Carolina domestic violence charges.

There are three degrees of domestic violence charges and a separate charge for DVHAN in South Carolina. You can find yourself facing any one of them even if no physical injury occurred.