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South Carolina Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: So I missed my court date for Criminal domestic violence 3rd degree? Is it possible I was tried in my absence?

Is it possible I was found not guilty or nolle prosse. There is an update online that says application for destruction of arrest records

Peter David Brown
Peter David Brown 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.

1 Answer | Asked in Child Custody, Domestic Violence, Family Law and Immigration Law for South Carolina on
Q: I’m an undocumented grandparent seeking custody of my two grandchildren who are now in DSS foster care after abuse by…

…after abuse by their parents. What kin rights do my husband and I have and what is the process for gaining custody?

Agnes Jury
Agnes Jury 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!

1 Answer | Asked in DUI / DWI and Domestic Violence for South Carolina on
Q: I got a domestic assault charge a few months back, it got dropped, but I still have another court date. Do I have to go?

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.

Stephen Grooms
Stephen Grooms 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... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: If the judge asks, do I tell them that me and the defendant have had contact even if it’s court ordered not to?

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... Read more »

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis 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...
Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: Hello I am charged with DV2nd and I have a criminal record felony and around 2000 I was charged with CDV

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

Ryan D Templeton
Ryan D Templeton 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.

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1 Answer | Asked in Criminal Law, Civil Litigation and Domestic Violence for South Carolina on
Q: My mom owns her house and wants her boyfriend to move out because he has been drugging/stealing from her.

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... Read more »

Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis 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...
Read more »

1 Answer | Asked in Family Law, Domestic Violence and Probate for South Carolina on
Q: Can a person under legal adult guardianship grant general power of attorney to someone who is not their guardian?

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... Read more »

Mike Branum
Mike Branum 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... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Libel & Slander for South Carolina on
Q: I'm in spartanburg county need attorney advise for slander on false police report
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis 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...
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1 Answer | Asked in Family Law and Domestic Violence for South Carolina on
Q: Not married but have children and have lived together for almost 15 years.

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... Read more »

Taylor Silver
Taylor Silver 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.

1 Answer | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: Is assault and battery in the first degree a registrable offence?
Ryan D Templeton
Ryan D Templeton answered on Dec 7, 2019

Registration is in the discretion of the sentencing judge based on the allegations.

1 Answer | Asked in Domestic Violence for South Carolina on
Q: Is order of protection violations extraditable in sc
Ryan D Templeton
Ryan D Templeton 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.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for South Carolina on
Q: My daughter has a child with a man she does not want to marry because he’s a drunk w/ potty mouth. Can she get custody?

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... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale 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... Read more »

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