Serving Victims & Those Wrongfully Accused In & Around Greater Charleston
Unfortunately, domestic violence is a very real and troubling problem in our society today. Many victims of this type of violence suffer very real, lasting, and many-faceted consequences. Domestic violence can occur for many reasons and to individuals across all socio-economic levels, robbing them of their emotional and physical health, dignity, independence, and self-respect. Conversely, many individuals can be falsely accused of violent behavior in an effort by the alleged victim to gain leverage in divorce, custody, or other family law problems, or as revenge when intimate relationships break down.
At Seibert Law Firm, we represent victims of domestic violence in seeking court orders that will protect them and/or their children from further abuse. We also represent individuals wrongfully accused of such behavior. Whether you are seeking a protective order in family court on behalf of yourself or your children or need a strategic defense against criminal charges based on falsehoods, exaggerations, or misrepresentations, you can count on the diligence and dedication of our team. We provide personalized legal services in which we walk you through the legal process from start to finish while providing the counsel you need every step of the way.
When you work with a domestic violence attorney at our firm, we take time to listen to your account of what happened, review any reports or evidence available, and explain how the law will likely apply to your situation. Because we regularly appear in Charleston County courts and other local courts throughout the Lowcountry, we understand how judges and prosecutors in this area tend to approach these cases, which helps us give you realistic expectations and a clear plan. Our goal is to help you make informed decisions at every stage, whether that involves seeking protection, defending against charges, or addressing related family law concerns such as custody and visitation.
In South Carolina, the law recognizes several different degrees of domestic violence that may be charged based on the severity of the alleged conduct, the extent of any injuries, whether a weapon was involved, and whether the accused has prior convictions. A case arising in Charleston might be handled in municipal court, magistrate court, or the Court of General Sessions, depending on the charge level, which can be confusing if you are unfamiliar with the local court system. Penalties can include jail time, probation, fines, mandatory counseling, and long-term consequences such as limits on firearm possession, so it is important to understand exactly what you are facing. A domestic violence lawyer can help you interpret the specific charge and potential penalties so you can respond appropriately.
Those who are subject to these laws include:
Household members who share or formerly shared a residence
Current and former spouses who are or were legally married to one another
People who have had a child together, regardless of whether they ever lived together or married
Males and females who live together or who have lived together as a couple in the past
Law enforcement officers who are called to the scene of a domestic violence incident can make arrests without a warrant where they have probable cause to suspect physical or sexual violence or threats of such violence have occurred. Whoever they believe to have been the aggressor can be charged with a domestic violence misdemeanor or felony, depending on the circumstances.
For individuals in the Charleston area, a domestic violence arrest often happens quickly, sometimes after a neighbor calls law enforcement or officers respond to a tense situation in a home. Once the Charleston Police Department or Charleston County Sheriff’s Office becomes involved, you may be taken to the local detention center, and a no-contact order or bond conditions can affect where you live and whether you can see your children. Having a domestic violence attorney Charleston residents can turn to for guidance allows you to better understand bond hearings, upcoming court dates, and what steps you can take to protect your rights while complying with court orders.
Protective Orders in Domestic Violence Cases
Protection orders, also known as restraining orders, are common in domestic violence cases. Victims of domestic violence can seek these orders from the court for themselves or for their children. They can be sought on an emergency basis without the presence of the defendant, as well as on a more permanent basis in a court hearing.
When someone in Charleston seeks protection, the case may be heard in family court or magistrate court, and the procedures and timelines can vary between these forums. You may need to prepare affidavits, gather supporting evidence such as medical records or text messages, and be ready to testify about the abuse in front of a judge. A domestic violence lawyer Charleston residents trust can assist with preparing these materials, presenting your story clearly, and anticipating how the other side may respond. Understanding what to expect in these hearings often reduces fear and helps you focus on your safety plan and long-term goals.
How We Help With Related Family Law Issues
Domestic violence situations rarely affect just one legal issue, and many people in Charleston quickly find that criminal charges or protective orders spill over into family court cases. Allegations of abuse can influence temporary custody, visitation schedules, and even who remains in the marital home while a divorce is pending. By working with our team, you can address these overlapping concerns in a coordinated way so that your decisions in criminal court do not unintentionally harm your position in a custody or divorce matter. We help you look at the bigger picture, including how your case may be viewed by judges in the Charleston County Family Court and other nearby courts.
If you are a victim seeking safety and stability for your children, we can pursue temporary and long-term custody arrangements, child support, and appropriate conditions for visitation that prioritize your well-being. If you are facing accusations, we work with you to gather witness statements, documentation, and other information that may be relevant both to your defense and to any family court proceedings. A domestic violence lawyer can also collaborate with counselors or other professionals, when appropriate, to present a fuller picture of your circumstances to the court. This integrated approach helps ensure that each decision you make is informed by how it may affect your family, your record, and your future.
In addition, we understand that protective orders and bond conditions can make shared parenting exchanges and communication about children more complicated. We help clients review existing orders, consider practical solutions for school pickups, holiday schedules, and communication, and request modifications from the court when necessary. Because we handle both domestic violence and family law matters, we are able to explain how steps taken in one case may help or hurt another, and we work with you to develop a plan that reflects your priorities and the realities of the Charleston-area court system.
Protective orders can do the following:
Bar the alleged abuser from making further harm or threats against the victim
Force the alleged abuser to vacate the shared home
Bar the alleged abuser from making any kind of contact with the victim, whether by phone, text, email, social media, letter, or through a third party
Bar the alleged abuser from going to the victim’s home, place of work, or other locations as set forth by the court
Give temporary custody of the children to the victim
Order the alleged abuser to pay financial support to the victim
Bar the alleged abuser from destroying or selling any shared property
Order the alleged abuser to pay court costs and attorney fees
Make any other orders relevant to the case
These orders generally last for six months up to a year and may be extended beyond that through court orders.
If you are served with a protection order in the Charleston region, you also have important rights and deadlines that you should not ignore. A protective order can affect your ability to return home, possess firearms, or have contact with your children, and violations can lead to additional criminal charges. By consulting promptly with a domestic violence lawyer, you can discuss whether to contest the order, seek modifications, or negotiate terms that are more workable for your family while still complying with the court’s requirements. Early legal advice often makes it easier to avoid missteps that could make your situation worse.
Contact our trusted domestic violence lawyer in Charleston at (843) 428-6360 to schedule a free consultation.
