Charleston Domestic Violence Lawyers
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 misrepresentation, 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.
Domestic Violence Cases in South Carolina
Domestic violence and its issues are outlined under the South Carolina Code of Laws § 16-25-10, 16-25-20, and 16-25-30.
Those who are subject to these laws include:
- Household members
- Current and former spouses
- People who have had a child together, regardless of marital status
- Males and females who live together or have lived together in the past
Law enforcement 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. Whomever they believe to have been the aggressor can be charged with a domestic violence misdemeanor or felony, depending on the circumstances.
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.
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 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.