What constitutes domestic violence in South Carolina?

On Behalf of | Dec 13, 2024 | Violent Crimes |

Domestic violence is an issue handled with utmost seriousness in South Carolina and the rest of the country. It’s vital to be adequately informed about this crime, more so what constitutes it and how you can defend yourself if charged with it.

Here is what to know about domestic violence:

Its definition

Domestic violence is defined as causing physical harm or injury to a household member or attempting to cause physical harm or injury to a household member with an apparent present ability that reasonably creates fear of imminent peril. 

A household member is a spouse, a former spouse, a person with whom you have a common child and someone you are cohabiting or formerly cohabited with. 

Could you be falsely accused of this crime?

Not all domestic violence allegations are true Different reasons contribute to such accusations, with the common one being custody battles. Cases of one parent accusing the other of domestic violence to get a desired outcome during a custody battle have been reported. 

Someone going through a divorce that does not involve children may also falsely allege domestic violence to get the upper hand in property division and other legal issues.

Other reasons that lead to false domestic violence accusations are revenge and mental health issues.

What can you do?

When you are falsely accused of domestic violence, you need to gather solid evidence. These include witness statements, video footage, photos and videos of any injuries or the lack of them, medical records, police reports and any evidence showing the motive behind the accusations.

Additionally, respect any restraining order in place and avoid contacting the accuser.

If you are convicted of domestic violence, you may face imprisonment and fines. Obtain more information when charged to understand your defense options.

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