If you find yourself accused of domestic violence charges in South Carolina, a new reform bill means you’ll be facing stiffer penalties, as well as the potential of having one of your constitutional rights stripped if you’re convicted. Under pressure from the S.C. House and Senate, Governor Nikki Haley signed a domestic violence reform bill in early June that caused a stir and created controversy among some civil rights advocates as well as lawmakers. For people facing charges of domestic assault or battery , the impacts of this bill could result in lifetime restrictions on their civil liberties, as well as lengthy jail times in their immediate future.
Domestic Violence Reform
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For some time now, the state Attorney General has been lobbying lawmakers for tougher laws and increased penalties for those convicted of domestic violence. House and Senate members grappled for months over the bill, in efforts to combine tougher penalties for repeat, criminal domestic violence offenders while enabling less serious offenders to get the counseling and risk assessment they need. In early June, local and state news outlets reported on the signing of the domestic reform bill by Governor Haley , a bill that significantly ups the stakes for those facing domestic violence charges, giving fewer second chances to those charged, while restricting those who are convicted of their constitutional rights to own, purchase, or possess a gun. Key elements of the domestic reform bill include:
- Gun rights can be permanently stripped from those convicted.
- The names of those convicted of domestic abuse will be placed on the FBI national gun registry.
- Prosecutors can ask for increased penalties if children were present in the home.
- Judges can order permanent orders of protection against an individual.
- Judges may increase bond amounts for those arrested, even if they accused is not considered a danger to the community.
Circumstances Warranting Arrest for Domestic Abuse
The South Carolina Code of Laws, Section 16-25-70 outlines the circumstances in which police officers can make an arrest for domestic violence , regardless of whether or not they have a warrant. An officer can make an arrest in the following situations:
- If there are accusations of domestic abuse, whether or not they occurred in front of the officer;
- In cases where no physical harm is evident;
- Under circumstances in which an officer believes that there is the potential for physical harm;
- If there have been prior complaints of domestic violence; or
- If there is evidence that both people are engaged in domestic violence, but one party is determined to be the primary aggressor.
Contact an Experienced Domestic Violence Defense Attorney Today
If you are facing charges of domestic violence, contact an
experienced South Carolina Criminal Defense attorney
right away. Domestic violence charges comprise an extremely serious matter that can result in a felony conviction with mandatory jail time. Your reputation is at stake, and your personal freedoms are on the line. Greenville attorney Lauren
M. Taylor has the experience and training you need, and will work aggressively to defend you against the charges you face. Under the new domestic violence reform bill, there are no ‘second chances’.
Get the help you need today. Our office serves all of Upstate South Carolina, so don’t hesitate; call us for an initial consultation of your case.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.