Columbia Domestic Violence Arrests

Domestic violence is a criminal offense that is taken seriously by South Carolina law enforcement. There is a heightened alert with a domestic violence call for officers, which may lead to a swift Columbia domestic violence arrests. By contacting an experienced domestic violence attorney, you could learn more about the process of an arrest and other consequences that may follow.

Probable Cause and Arrests

The probable cause to arrest a suspect for domestic violence, third-degree, may be different than a domestic violence of a high and aggravated nature. Domestic violence of a high and aggravated nature may require evidence that shows the defendant either committed the offense under circumstances, manifesting extreme indifference to the value of human life and great bodily injury resulted, or that there was an offense with or without an accompanying battery.

This refers to the actual contact and whether it could be proved to have manifested extreme indifference to human life and would reasonably cause the person to fear the great bodily injury or death. This also could apply if the offense was committed and a protection order was violated. The level of proof is different, so the probable cause may be different.

Requirements for a Columbia Domestic Violence Arrest

When officers are called out to investigate a domestic violence situation, they may have to make a determination, by assessing:

  • Whether the defendant may have indeed inflicted physical harm or injury to a household member
  • Whether the defendant offered or attempted to cause that harm
  • Whether the defendant had what they call apparent present ability under the circumstances that would reasonably create a fear of imminent peril on the plaintiff

A household member may be considered as:

If the officer believes that that the elements have been met to satisfy probable cause, then they may issue an arrest warrant. Depending on the type of charge, the police may have to follow the South Carolina code of laws and the elements that are listed for those charges. If they believe that every element has been met and there is probable cause for arrest, then they may arrest the defendant.

What to Expect in a Domestic Violence Arrest

Even on the base level, Columbia domestic violence arrests may carry up to a maximum sentence of 30 days, whereas domestic violence in the third degree, could have a maximum sentence of up to 90 days, in addition to other penalties. Following an arrest, the defendant may be taken to the county jail where they may be booked, fingerprinted, and put into the system. The booking officer may also check for any outstanding warrants. A bond hearing is required within 24 hours of the defendant’s arrest.

Getting in Contact With a Columbia Domestic Violence Attorney

Columbia domestic violence arrests could be a stressful experience for all involved, especially if you are unsure of the process. A seasoned domestic violence lawyer in Columbia may know the proper ways in which the arrest are to take place. By reaching out to an attorney that could fight for your reputation, you may strengthen your case. Call today for a free consultation.