Domestic Violence (CDV) Charleston, SC
Dealing with a Domestic Violence Charge in Charleston, SC?
Consider an experienced domestic violence attorney with the knowledge and experience to help you achieve the best outcome possible.
Family drama is never fun. A petty argument gets out of hand, and the next thing you know, you’re facing domestic violence charges. Now that the police are involved, your livelihood and freedom are at stake. So it’s understandable if you find yourself afraid, feeling isolated, full of questions and unsure about what happens next.
If you’ve been arrested for Domestic Violence, Charleston, SC courts take these charges seriously. Fortunately, you don’t have to deal with this legal issue alone.
What can our experienced criminal defense attorneys do for you?
At Kulp & Elliot, we represent people who’ve been charged with Criminal Domestic Violence (CDV) in and around Charleston, SC. Our lawyers have handled thousands of cases just like yours. And that means we have the know-how to guide you through this tough time — so that you can begin to put your life back together.
We’ll work with you to devise a well-planned strategy to help you:
- Avoid jail time
- Minimize fines
- Avoid travel restrictions
- Maintain your right to bear arms
Commonly asked questions about CDV in SC
What is Criminal Domestic Violence (CDV)?
Effective June 4, 2015, CDV laws changed in South Carolina. CDV charges are no longer categorized based on the number of offenses. Now, they are viewed in terms of “degrees”–as in first, second and third degree murder.
For example, first degree CDV is now considered a violent crime as a result of the revisions to the law.
What’s the difference between CDV and CDVHAN?
CDV stands for Criminal Domestic Violence. A person can be charged with CDV for causing or threatening physical harm against a member of their own household. According to the revised law, “household member” includes a current or former spouse, people who have a child in common and people who live or lived together.
CDVHAN stands for Criminal Domestic Violence of a High and Aggravated Nature. This charge is brought against a person who commits a domestic violence offense under extreme circumstances that show disregard for the value of human life. CDVHAN also applies to cases in which a person violates a protection order and commits first degree domestic violence.
Fines and penalties for a CDV conviction in SC?
The consequences for CDV vary depending on the degree of the offense and on whether or not this is a first offense. Similar to murder charges, first degree CDV is the most serious offense. As a result, it also carries the harshest penalties.
- First Degree: A felony offense resulting in up to 10 years in prison.
- Second Degree: A misdemeanor offense resulting in fines between $2500 and $5000 &/or up to three years in prison.
- Third Degree: A misdemeanor offense resulting in fines between $1000 and $2500 &/or up to 90 days in jail.
Can a CDV charge be dropped?
Possibly. Under certain circumstances the prosecutor or the court, if appropriate may dismiss the charges. It’s a common misconception that the victim can drop the charges. The victim may request that charges be dropped but ultimately it’s up to the prosecutor or the court.
Is a CDV a felony in South Carolina?
Yes. A charge of domestic violence in the first degree is a felony. This charge typically results when a person:
- Causes great bodily injury to a member of their household
- Wields a firearm
- Restricts the victim’s breathing
- Commits the offense in the presence of a minor
- Knows or should know that the victim is pregnant
- Has two or more prior convictions of domestic violence within 10 years of the current offense
If I’m convicted of a CDV in SC, can I still own a gun?
No. People convicted of domestic violence are prohibited from shipping, transporting, receiving or possessing a firearm or ammunition according to South Carolina law. This is true even if your Domestic Violence charge is classified as a misdemeanor.
What is a No Contact Order?
A No Contact Order means exactly what it says–that the person charged with domestic violence cannot have any contact with the victim, directly or indirectly. All forms of electronic communications are prohibited. That means no texts, phone calls, emails or Facebook messages.
In-person communication is not allowed either, not even through a third party. The accused cannot talk to the victim or send messages to the victim through a friend or relative. The accused can’t even be in the same public place as the victim; if that happens, the accused has to leave.
What sets our lawyers apart?
Kulp & Elliot continues to thrive because we’re highly motivated, hardworking and think outside the box.
- Our team includes a Board Certified Criminal Law Specialist–one of only seven in SC.
- We have experience on all sides of the law: defense attorney, prosecutor, judge and FBI special agent.
- Our team works together to ensure the best results for our clients.
- We’ve been in Charleston over three decades, so we know everyone in the legal system–judges, cops and lawyers.
- We’re available for our clients when they need us. We don’t hold banking hours.
Understanding what you’re up against when facing CDV charges in South Carolina is important. Knowing that you have an experienced CDV attorney on your side is critical.