Charlotte & Sumter Domestic Violence Lawyer

How to obtain a Protective Order

To obtain a protective order, you do not need an attorney. Consult the court clerk in the county where the abuser lives, where you lived together last, or where you live if you cannot find the abuser. You can file your documents with the court clerk, and a hearing will be scheduled. If you cannot pay the filing fees, the clerk will explain how to do so without paying anything.

You can obtain a protective order from a magistrate when the court is closed. A protective order issued by a family court can order the abuser to stop abusing you and to leave home. Family court orders can also order temporary child custody, child support, visitation rights, and possession of personal items such as clothes and medicines. The protection orders issued by magistrates are more limited and can only tell the abuser to stop abusing you.

A six-month protection order can be obtained without filing for divorce. If you don't file for divorce or legal separation, the order's support, custody, visitation, and property portions expire after 60 days. You can ask the court for an emergency protective order if you have a lawyer and have already filed for divorce or separation.

Be sure to bring witnesses, pictures of your injuries, police reports, medical reports, and any other evidence you have to prove that you were abused to the hearing. You, the abuser, and your local law enforcement agency will receive copies of any protective order issued. Sheriff's deputies can enforce this protective order.

What are the Penalties for Violating a Protective Order?

When the abuser violates your protective order, contact the police, the court clerk, or the lawyer immediately. Violation of this order is a crime punishable by up to 30 days in jail or a fine of $200. In addition, violating a protective order could result in contempt of court; the punishment is up to one year in jail and/or a fine of up to $1500 and/or 300 hours of community service.

Separate criminal charges for criminal domestic violence may be filed against your abuser in addition to the relief discussed above under the Protection from Domestic Abuse Act.

It applies to family members and persons who live together but have never been married. Contact your local magistrate if you wish to file criminal charges. In addition to the fine, the abuser may be sentenced to a 30-day jail sentence or a fine of up to $200. The penalties for repeat offenders are more significant.

Domestic Violence Laws

The laws dedicate a whole chapter to the punishment of domestic violence and contain the definitions, elements, and penalties for the three degrees of domestic violence.

To be charged with domestic violence, a person must cause physical harm to a household member or attempt to do so in a way that would place a reasonable person in fear of harm.

Taking action against a household member is the first requirement. Household members may include spouses, former spouses, people with a child in common, or a male and female who live together or have previously lived together. The crime will be charged as assault, battery, or another related crime if this requirement is not met.

A domestic violence charge can be brought against a person even without physical contact. For example, a husband who swings his fist at his wife and misses may still be charged with domestic violence even if he does not connect. Our domestic violence attorney in Charlotte & Sumter should be contacted if an attempt is sufficient under the law.

Domestic Violence Classifications & penalties 

DVHAN (domestic violence of a high or aggravated nature) is one of the most severe charges in domestic violence. In this case, human life is intentionally ignored. It is possible to be sentenced to up to 20 years in prison if convicted here.

Third Degree Domestic Violence 

Third-degree domestic violence is the least severe level. This is the catch-all version of the statute that contains the core definition listed above without any aggravating factors that may lead to a 2nd or 1st-degree charge.

You can spend up to 90 days in jail for DV in the third degree if you cause physical harm or offer or attempt to cause physical harm to a household member. DV third-degree charges with no prior convictions may be eligible for PTI (pretrial intervention). The charges will be dismissed and expunged if you enter the program and complete the requirements.

Even if you are ineligible for PTI, the court may suspend your sentence (not send you to jail) if you complete a “domestic violence intervention program” (batterer’s counseling). However, even though you don’t serve time in jail, the conviction remains on your record.

• If you do not have any other convictions on your record, you can expunge a conviction for DV third degree after five years.

Second Degree Domestic Violence   

Domestic violence in the second degree is punishable by up to three years in prison. You must cause physical harm or offer or attempt to cause physical harm to a household member, and:

• There is (or could have been) “moderate bodily injury;.”
• You were violating a protection order at the time of the incident while committing a DV third degree;
• You have a prior conviction for domestic violence within the past ten years; or
• While committing a DV third degree:
  • The offense was engaged in the presence of a minor;
  • The alleged victim was pregnant;
  • The crime was committed during a robbery, burglary, kidnapping, or theft;
  • The alleged victim was choked; or
  • You prevented the alleged victim from accessing their cell phone or computer to call for help.

First Degree Domestic Violence 

A conviction for first degree domestic violence could result in a prison sentence of up to ten years. It requires that you do physical harm to a household member or attempt to harm them and:

• There is (or could have been) “great bodily injury;”
• You were violating a protection order at the time of the incident while committing a DV second degree;
• You have two or more prior convictions for domestic violence within the past ten years;
• You used a firearm while committing domestic violence; or
• While committing a DV second degree:
  • The offense was committed in the presence of a minor;
  • The alleged victim was pregnant;
  • The crime was committed during a robbery, burglary, kidnapping, or theft;
  • The alleged victim was choked; or
  • You prevented the alleged victim from accessing their cell phone or computer to call for help.

Domestic Violence Of A High And Aggravated Nature (DVHAN)

The felony of DVHAN is punishable by up to 20 years in prison. It requires that you do physical harm to a household member or attempt to harm them and:

• There was extreme disregard for the value of human life, and the alleged victim suffered great bodily injury, or the alleged victim reasonably feared significant bodily injury or death; or
• During the incident, you violated a protection order while committing DV first-degree.

“Circumstances manifesting extreme indifference to the value of human life” are defined as:

• Using a deadly weapon;
• Choking the alleged victim and they lose consciousness for any period;
• Committing the offense in the presence of a minor;
• The alleged victim was pregnant;
• The offense was committed during a robbery, burglary, kidnapping, theft; or
• You prevented the alleged victim from accessing their cell phone or computer to call for help.

Contact Our Domestic violence Attorney Today  

Our knowledgeable attorneys at Montgomery and Hart, PLLC can discuss your case with you or a loved one if you have been in a domestic violence situation or being accused of domestic violence. If you hire an experienced domestic violence lawyer, you may be surprised at the difference they can make.

Contact one of our Charlotte & Sumter domestic violence lawyers and they will explain your rights to you and advise you on the following steps to take. 

 Contact the Law Office Of Montgomery and Hart, PLLC today to schedule a consultation with our domestic violence lawyer in Charlotte & Sumter!