Myrtle Beach Domestic Violence Lawyer

State criminal statutes protect current and former spouses, children, and other close relatives from physical abuse through various processes. While it is a genuine issue nationwide, many commonly face criminal action for misunderstandings.

An arrest and conviction for domestic violence could have devastating effects on your life and future. Call a hard-working Myrtle Beach domestic violence lawyer to review your case and options. Our defense attorneys are ready to protect your rights.

The Protection From Domestic Abuse Act

When a spouse, romantic partner, or other close family member abuses or attacks family members, the individual can request protection from the family court. The Protection from Domestic Abuse Act is in South Carolina Code Annotated § 20-4-10.

The legislation allows people to request an Order of Protection against their household members after violent actions or threatening to cause them bodily harm in a manner that causes fear of imminent danger. While the legislation protects the petitioner by placing restrictions on the individual accused of abuse, it can have many negative consequences, such as frustration and confusion when the two parties share children.

How Protection Orders Affect Child Custody Arrangements

When child custody orders are in place, the protection order will replace the terms of visitation and other arrangements immediately. Unfortunately, divorces and separations are often emotionally charged, and when children are involved, one may attempt to take actions that affect the time they spend with their other parent, including filing for protection orders.

Contacting a domestic violence lawyer in Myrtle Beach could offer countless benefits. They could work with the state prosecutor and court to resolve the issue and resume the conditions of the child custody order as promptly as possible.

Examples of Criminal Charges

When a person faces charges for causing, attempting, or making credible threats to cause physical harm to another household member, they may face charges for domestic violence-related offenses. The criminal charges are separated into four different degrees of severity, and those include:

  • Third-degree results when the individual harms, attempts, or threatens with the means to cause physical injuries to a household member
  • Second-degree charges may involve causing moderate physical harm, violating restraining orders, or an arrest with a prior conviction
  • First-degree arrest results from the alleged defendant using a weapon, causing severe bodily harm, or two prior arrests for similar criminal offenses
  • Domestic violence of a highly aggravated nature is the most severe offense and involves causing life-threatening or fatal injuries, permanent disfigurement, and choking

A Myrtle Beach attorney could detail each domestic violence offense and answer specific questions during the appointment.

Possible Penalties for Convictions

Penalties for convictions vary significantly, depending on the severity of the offense. A person guilty of third-degree domestic violence may spend 90 days in jail and have a misdemeanor conviction on their permanent record.

Sentencing the offense with a highly aggravating nature includes receiving a felony conviction and spending up to 20 years in prison. Further, felony conviction sentencing includes the state prohibiting the party from owning or possessing guns or ammunition.

Speak to a Knowledgeable Domestic Violence Attorney in Myrtle Beach

If you face charges after an arrest for domestic violence-related crimes, taking quick action to learn about the statutes and create a powerful defense is crucial. While some are misdemeanor offenses with lighter sentencing, having a domestic violence-related conviction on your permanent record can have lasting negative consequences, including problems obtaining housing or new employment.

Felony sentencing could mean spending up to 20 years in prison and losing your right to bear arms. Schedule an appointment with a Myrtle Beach domestic violence lawyer at Price Benowitz LLP to schedule a free case examination and learn more about the potential sentencing and defense strategies.

Myrtle Beach Criminal Defense Lawyer