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After a domestic violence arrest in Dorchester County: the first 72 hours

Scan the weekly arrest reports in the local papers and you will see “domestic violence, 3rd degree” more than almost any other charge. The first three days after that arrest decide more than most people realize.

The courthouse at dawn
The courthouse at dawn

Hour 0–24: the bond hearing

Most domestic violence arrests in Dorchester County are heard by a magistrate at the Dorchester County Detention Center on Hodge Road in Summerville within 24 hours (S.C. Code § 22-5-510); Berkeley County hearings are at Hill-Finklea in Moncks Corner. The judge sets a bond and, almost always, a no-contact condition covering the other person and often the shared home. The alleged victim may be present and may speak. What you say at this hearing about the facts is evidence; what you say about your job, your residence and your record is what the judge needs.

Hour 24–48: going home—or not

If the bond order bars you from the residence, you cannot go back for clothes, medication or a vehicle without a police escort, arranged through the agency that made the arrest. Showing up anyway violates the bond, even if the other person invited you. That is mistake number one, and it is the most common one we see.

Hour 48–72: the phone

Mistake number two is the text message. “I'm sorry,” “can we talk,” “please drop this”—each one is a bond violation and, depending on content, a possible witness-tampering charge. Mistake number three is the phone call from the jail, which is recorded. The other person's wishes matter to the prosecutor, but only the prosecutor can dismiss the case, and pressure on a witness makes dismissal less likely, not more.

What the charge actually is

South Carolina grades domestic violence by injury, history and circumstances (S.C. Code § 16-25-20), from third degree in magistrate or municipal court to first degree and high-and-aggravated in General Sessions. Any conviction carries a lifetime federal firearms prohibition. Our domestic violence defense page covers the degrees and the defenses.

If you are the person who was hurt

This article is written for people who were arrested, but the same 72 hours are frightening from the other side. My Sister’s House serves Dorchester, Berkeley and Charleston counties with a 24-hour line, shelter and court advocacy, and the Dorchester County Sheriff’s Office victim advocates can explain the bond process and orders of protection.

Frost first: if a family member calls you from the detention center, the most useful thing you can do is call a lawyer before the bond hearing—not post on Facebook, not call the other person, not “go get his things.”

Questions people ask

Can the victim drop domestic violence charges in South Carolina?

No. Only the solicitor can dismiss a charge. The alleged victim's wishes are considered but do not control.

Can I get the no-contact order lifted?

The court that set bond can modify it on motion, often after a cooling-off period and with the other person's input. Do not test it in the meantime.

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