Kendrick and Leonard, P.C.
GREENVILLE SC CDV LAWYER
Domestic violence is a serious crime. It is the most arrested crime in Greenville, SC, and a criminal domestic violence lawyer can help protect your legal rights in your criminal domestic violence (CDV) case. When acts of criminal domestic violence occur, it can cause harm or injury that violates the law. Even threats or attempted harm are considered domestic violence prosecuted under the law.
If arrested because of harm or threats to a family member, you have a right under the law in Greenville, SC, to have a criminal domestic violence defense lawyer advise you on your legal rights and help you understand the law when it comes to domestic violence as a criminal charge.
DOMESTIC VIOLENCE AND RELATIONSHIPS IN GREENVILLE, SC
Domestic violence in Greenville can occur by any household member. You do not have to be married for a domestic violence arrest. When it comes to these types of cases, Greenville, SC, recognizes spouses, former spouses, individuals that have children together, any partners that live together or have lived together that are of the opposite sex.
Greenville, SC, has issued the S.T.O.P. Violence Against Women program that is designed to stop violence and sexual assault by prosecuting those that partake in these behaviors. Through the S.T.O.P. Violence Against Women program, officials have been made more aware of prosecuting these behaviors and recognizing the signs that domestic violence is occurring to women. For this reason, it is imperative that you have a criminal domestic violence lawyer on your side to fight your case.
When you work with criminal domestic violence lawyers, you get the benefits of understanding how the domestic violence laws in Greenville, SC, affect you. They can help you navigate the legal system and ensure you are not punished by for a crime you did not commit.
FIGHTING A RESTRAINING ORDER FOR A CRIMINAL DOMESTIC VIOLENCE CASE IN GREENVILLE, SC
Restraining orders are designed to protect those that are being abused or threatened by another individual in their life. When a restraining order or protective order is issued against you by the court, you are forbidden from coming in contact with the plaintiff in the case. You may also not come near their household or their place of employment. These orders can also take your right to see your children away.
These types of restraining orders can be disputed by working with CDV defense lawyers. Your criminal defense attorney can file the necessary paperwork to fight the claims against your partner or former partner and make sure an unduly issued restraining order does not occur against you for a crime you did not commit.
When there is a motion to serve you with a restraining order, you will receive a written notice of the hearing. A court hearing will follow within 15 days of receiving the restraining order petition. In Greenville, SC, there are several orders that can occur from a restraining order hearing. The court may order a prohibition of abuse, threats or contact. They can prevent you from coming to your home or any location decided by the court.
These orders can also award temporary custody of your children to your partner if determined that they are in danger of being harmed. A domestic violence defense lawyer can fight for your visitation rights or for you to avoid paying temporary child support.
If you live in the same home as the plaintiff, the restraining order can require you to leave your home and give up possession of it for a temporary period of time. These orders can also stop the destruction of property and cause you to pay for the lawyers' fees and costs of your partner.
When your partner files for a restraining order against you, these orders are put in place for six months to one year. They can also request an extension if more time is necessary to protect them. A CDV defense lawyer can help you fight a restraining order against you and make sure you are not put out of your home or lose your kids in the process.
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