Domestic Violence Defense Attorney in Columbia, SC

Charged with Domestic Assault or Violating a South Carolina Restraining Order?

A domestic violence charge in South Carolina moves fast. Emergency protective orders get issued at the bond hearing — often within hours of arrest, before any evidence has been reviewed and before you've had a chance to tell your side. Those orders can restrict where you live, who you can contact, and in some cases affect custody of your children, all before the case is ever adjudicated.

Marion Moses has handled CDV cases in Richland and Lexington County courts for over 25 years, including time spent as a state prosecutor building these exact types of cases. That background informs how this firm approaches defense — starting with how the 11th Circuit Solicitor's Office is likely to frame the evidence against you.

To speak with our experienced Columbia domestic violence lawyers, give us a call at (803) 770-4483 or contact us online today. We offer FREE initial consultations.

How South Carolina Charges Domestic Violence

CDV in South Carolina is not a single charge. Under SC Code § 16-25-20, criminal domestic violence is divided into four degrees based on injury severity, prior convictions, and the circumstances of the offense:

• CDV 3rd degree — physical harm or the threat of imminent physical harm to a household member; misdemeanor, up to 90 days
• CDV 2nd degree — moderate bodily injury, or a prior CDV conviction within 10 years; misdemeanor, up to 3 years
• CDV 1st degree — great bodily injury, use of a weapon, or two or more prior convictions; felony, up to 5 years
• CDVHAN (Criminal Domestic Violence of a High and Aggravated Nature) — conduct showing extreme indifference to human life; felony, up to 20 years

The degree of the charge determines which court handles the case, what sentencing exposure looks like, and whether a conviction triggers federal firearms prohibitions under 18 U.S.C. § 922(g)(9) — a consequence that affects far more people than just hunters, and one that prosecutors in Richland County are aware of when making plea decisions.

Common Types of Domestic Violence Offenses

Your spouse, unmarried partner or even someone you are dating can charge you with domestic violence. A wide range of actions can result in a domestic violence charge, including:

An assault on another person when a weapon is used, or an assault that causes serious injury is considered aggravated assault or aggravated domestic violence. The weapon can be a gun, kitchen knife or household object — as long as it has been used to seriously harm someone.

What the State Has to Prove

To secure a CDV conviction, the prosecution must establish that the defendant caused — or threatened — physical harm to a household member. "Household member" under SC Code § 16-25-10 includes spouses, former spouses, people with a child in common, and individuals in a current or former romantic relationship.

That element is frequently contested. In a significant number of CDV cases, the alleged victim recants before trial, declines to cooperate with the prosecution, or provides testimony inconsistent with the initial police report. South Carolina prosecutors can and do proceed without the victim's cooperation using prior statements, 911 recordings, and law enforcement documentation from the scene — but these cases have real vulnerabilities that an experienced defense attorney can identify and challenge.

Self-defense is also a viable defense in CDV cases and is underused. If physical contact occurred in response to an imminent threat, South Carolina's self-defense doctrine applies regardless of the domestic relationship between the parties. For a detailed analysis of how self-defense functions in domestic violence cases under South Carolina law, see The Role of Self-Defense in Domestic Violence Defense.

Understanding the Penalties for Domestic Violence in South Carolina

Domestic violence charges are serious accusations. If you are accused of such crimes, you’re facing serious penalties, including potential jail time. Arrests and convictions can even threaten your employment prospects. Additionally, if you are a hunter, domestic violence convictions will affect your ability to own or possess firearms and threaten your hunting privileges.

The penalties for domestic violence and aggravated domestic violence vary depending on the specific circumstances, including the nature of the violent act, whether you are a repeat offender and other related factors. Our domestic violence attorney at The Law Offices of Marion M. Moses, LLC, can review the charges against you and lead a vigorous defense on your behalf.

Why You Should Seek Legal Help for Domestic Violence Charges

Facing domestic violence charges can be an overwhelming and isolating experience. It's crucial to understand that you do not have to navigate this challenging situation by yourself. At The Law Offices of Marion M. Moses, LLC, we believe in providing personalized legal support tailored to your unique circumstances. Our experienced attorneys are dedicated to advocating for your rights and ensuring that you receive the best possible representation.

Here are a few reasons why having a skilled attorney by your side can make a significant difference:

• Expertise in the Legal System: Our attorneys are well-versed in South Carolina's domestic violence laws and can guide you through the complexities of the legal process.
• Protection of Your Rights: We will ensure that your rights are protected at every stage, from the initial accusation to any potential court proceedings.
• Strategic Defense Planning: Our team will work with you to develop a robust defense strategy that addresses the specifics of your case and aims for the best outcome.
• Emotional Support: We understand the emotional toll that domestic violence allegations can take. Our compassionate approach means we are here to listen and support you throughout your journey.
• Access to Resources: We can connect you with counseling services, support groups, and other resources that can help you cope with the situation and move forward positively.

Don't let fear or uncertainty hold you back. Contact The Law Offices of Marion M. Moses, LLC today for a confidential consultation, and take the first step toward reclaiming your future.