Pretrial Release in Columbia Domestic Violence Cases

Dealing with a domestic violence dispute could be a stressful process for all involved. If you have been accused of domestic violence in South Carolina, you may have to deal with several issues regarding trials and charges, particularly during the pretrial process. A pretrial release in Columbia domestic violence cases could be determined by the judge appointed in the case and may hold certain implications. By contacting an experienced domestic violence attorney, you may be able to secure a swift pretrial release and further strengthen your case.

Defining Domestic Violence

The definitions of domestic violence can be found under S. C. Code Ann. § 16-25-10. It defines great bodily injury as:

  • An injury that causes a substantial risk of death
  • Serious permanent disfigurement
  • Protracted loss
  • Impairment

Moderate bodily injury, which may come into play with domestic violence in the second-degree, is a physical injury that could involve:

  • A prolonged loss of consciousness
  • Temporary or moderate disfigurement
  • Temporary loss of function of a bodily member or organ
  • Results in the need of medical treatment
  • Requires the use of regional or general anesthesia
  • Results in a fracture or dislocation

It may not include a one-time treatment with a subsequent observation of scratches, cuts, bruises, burns or minor injuries.

No-Contact Orders and Pretrial Releases in Columbia Domestic Dispute Cases

If a judge issues a no-contact order, the defendant:

  • Could not have any contact with the plaintiff
  • Could not call or drive by
  • Could not ask another person to relay a message
  • Could not contact them through social media
  • Could not have another person send something to them via email or through any social media

No direct or indirect contact by any means. If a person violates that no-contact order, they could be held in contempt of court and could be put in jail for not following the court order. If a defendant is shown to be abiding by the order, it could lead to a pretrial release in Columbia domestic violence cases.

Could the Defendant’s Friends or Family Contact the Plaintiff After a No-Contact Order is Issued?

When there is a no-contact order, many people could violate this by having family members and other third parties contact the plaintiff. Under the law, any contact that is directed by the defendant to the plaintiff could be a violation of that order and should be refrained.

If not followed a judge could determine that the person violated the order and put them in jail. A possible course of action is not to have any indirect or direct contact with the plaintiff when there is a no-contact order. In situations involvingroommate disputes, it may be advised for the defendant to leave the housing situation as soon as possible.

Importance of Abiding By a No-Contact Order in Columbia

When there is no-contact order, the plaintiff may have a change of heart right after the defendant is arrested but it is still important to refrain from any contact. In many domestic violence cases, the plaintiff may recant, which could contribute to a pretrial release in Columbia domestic violence cases.

Even with a statement recanting the incident, a person may have provided some evidence to police that led to a probable cause determination to arrest the defendant for domestic violence. They should be careful not to have contact with that person so as to avoid any potential of a second allegation of domestic assault and battery. A seasoned domestic violence attorney could help to explain the implications of this order and help to defend your reputation.