Get free answers to your Domestic Violence legal questions from lawyers in your area.
Up until yesterday, I was a victim this case and was appointed a victims advocate. But yesterday based on the same incident, I was arrested for criminal domestic and the second degree. But there is also a case pending against my partner. My question is, can there be two defendants and no victim in... View More
answered on Feb 18, 2024
One attorney can represent a client in two different states as long as the lawyer is licensed or admitted to the Bar in both states.
When CPS arrived to my home they opened up the folder I saw the persons name twice who reported and the report
answered on Nov 18, 2023
If you believe a false CPS (Child Protective Services) claim was made against you, there are steps you can take to address the situation. First, cooperate fully with the CPS investigation. It's important to demonstrate your willingness to ensure the safety and well-being of your children,... View More
He came home and saw us in bed together and it's his house. He has multiple cdv charges but somehow took full custody of her kids when He had her put in jail He told her she had to leave and couldn't take all her belongings. what are her rights and possible issues that could happen.
answered on Nov 13, 2023
In South Carolina, if your girlfriend's ex-husband has full custody of their children and she was told to leave the house, her rights and the potential issues depend on various factors including the custody arrangement and the nature of their living situation. If there's a formal custody... View More
My wife has placed a order of protection on me and she is the real abuser in our home. I have all of our email and text messages that we have exchanged between us while we were fighting. She is a verbal abuser, and she is also quite possibly a Narcissist also. The judge even gave her the question... View More
answered on Jan 30, 2023
Your best course of action is to seek the advice of a divorce lawyer who has experience dealing with abusive situations and orders of protection. However, you should note that "verbal abuse" is not a ground for divorce or basis for issuance of an order of protection in South Carolina.
That night he decided to hit me in the back of my head with brass knuckles, brass knuckles on left side, across the forehead, and hit me with a ball pin hammer. Is there any way in the restaurant can be held liable since they were overcrowded and understaffed no video cameras or bouncer.
answered on Sep 22, 2022
Yes, you may have a good case for security negligence. Contact the local attorney in South Carolina for representation.
Last year before my son and I went into dv shelter. My ex while I was in fl at my parents moved out of our home. Took all his belonging as well as mine. I still haven't got back some things court ordered for him to return. He never told me where he went. He ghosted my son and I for almost 5... View More
answered on Aug 25, 2022
From your question, it's unclear whether you want your ex to visit with your son. I can tell how frustrated you are about dealing with this situation. The only mechanism the Family Court has to compel people to comply with its Orders is to hold them in contempt, and the sanctions for contempt... View More
I live in a toxic household with my grandmother. My dad kicked me out 2 years ago. I really want to live with my mom. I have been asking since i was 14 ,but my father and grandmother told me know because they don't like my mother. My mother has no reason for why I can't live with her she... View More
answered on Nov 10, 2021
In SC, in order to be able to make this decision on your own you would need to be 18 or older. However, if 18 is pretty far away, you could always speak with you mom about requesting custody of you through the family court.
Is it possible I was found not guilty or nolle prosse. There is an update online that says application for destruction of arrest records
answered on Sep 2, 2021
Yes, you can be convicted in your absence.
The prosecution only needs to present the victim to the court.
If the victim testifies to the elements necessary to convict you of the offense, you could be convicted.
You would then have only a very limited time to appeal that conviction.
…after abuse by their parents. What kin rights do my husband and I have and what is the process for gaining custody?
answered on Jun 2, 2021
This is a family law question, not immigration. Your immigration status may of some importance in the custody matter but that is something the family law attorney needs to address. Best wishes!
I didn't get bonded out of jail, I stayed 3 weeks and the judge let me out after then. The person that I hit didn't show up to testify against me so they had to drop it, I have another court date do I have to show up?. I live in tennessee.
answered on May 19, 2021
I would recommend you reach out to the court via the clerk of court's office to verify your charge was dismissed and your presence in court is no longer needed. They should be able to direct you as to how to get verification of the dismissed/nol prossed charge in writing. You will need to look... View More
Me and my boyfriend got into an argument, and he grabbed me and I bet him to get him off of me. And he had 2 bite marks on him. He called the cops and I spent the night in jail for third degree CDV. One of the court orders was to not have contact with him until the court date. But we have had... View More
answered on Apr 8, 2021
Hello,
Yes; if the Court asks you a direct question, you must answer the Court truthfully. If the Court discovers that you are lying to it and the presiding judge, you can be held in Contempt of Court, which under South Carolina Law means you can be jailed or fined in an amount determined... View More
My wife was also charged with DV2nd and she has got a plea deal in the mail my solicitor wont even tall to me we both my wife and I signed a document stating we wanted to drop the charges but my solicitor want even talk to me I am worried I really sont have the money for a attorney
answered on Feb 28, 2021
Most attorneys that do criminal work give free consultation. It would be good to go speak to an attorney in your area about your situation. If you cannot afford an attorney the public defender may also be an option for you.
How do we go about this legally and without him hurting her? She's scared when she tells him to leave that he's going to get angry and try to hurt her. The last time she called the police on him, he told the police they were married and made it seem like she had mental issues, which she... View More
answered on Jan 25, 2021
Hello.
We are sorry to hear about these problems that your mother is having. No one should ever feel unsafe in their home.
The first thing that you should do is go down to your County Family Court, and speak to the Clerk of Court there. Tell them that you need an emergency... View More
The person in question is a 25-year-old who is under the legal adult guardianship of abusive, controlling parents. The guardianship was filed in SC, but the person and their parents are living in MD. The parents have taken the person's phone and control of their money, they have no privacy and... View More
answered on Aug 29, 2020
I do not practice in South Carolina, so I would recommend along this question to those who are. With that disclaimer, I believe what you will find is that you will need to petition the Court in SC for a modification of the guardianship. You SHOULD have standing as an interested person to challenge... View More
answered on Jul 10, 2020
I'm afraid I don't understand your question.
Slander is a civil matter in which someone defames you by verbal statement to others, knowing that the information that they have provided about you is wrong, with the intent to cause you harm.
A false police report is a... View More
My long term boyfriend who is also the father of my kids is extremely verbally abusive and occasionally physically abusive to me over his paranoid insecurities. Several police reports have been filed and he was even arrested but not charged in one case. I just want him to move out of the home that... View More
answered on Mar 20, 2020
Your only option at this moment in time (given coronavirus closures) is to file a petition for an order of protection or to move out yourself. If you can't afford a local attorney to help with this, sclegal.org assists people with this issue if you qualify.
Good luck to you.
answered on Dec 7, 2019
Registration is in the discretion of the sentencing judge based on the allegations.
answered on Nov 14, 2019
The answer depends on the amount of time that you are facing in the state you would be extradited to. If the punishment in that state is one year or more the State of South Carolina will extradite. See SC Code 17-9-10.
Man lives at her house does not pay rent or expenses but buys food and groceries at times. When he gets drunk-almost daily, very aggressive punching wall, cursing all the time and call her disrespectful names. My daughter is friend with man’s mother who told her to never marry him, call the cops... View More
answered on Apr 14, 2018
Your daughter can file for an order of protection through family court to ask the court to order him out of her house, to grant a restraining order, to grant her custody of her daughter and child support. The petition for an order of protection can be obtained from the family court clerk of... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.