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Frost Law GroupSummerville, SC(843) 419-6653
Criminal defense · Summerville, SC

Domestic Violence Defense in Summerville, SC

A domestic violence arrest happens fast—often on one person's word, the same night. What follows is slower, and it can be defended.

Schedule a consultation(843) 419-6653

The charge

South Carolina's domestic violence statute (S.C. Code § 16-25-20) applies to household members—spouses and former spouses, people with a child in common, and people who live or have lived together. Degrees run from third degree (a misdemeanor tried in magistrate or municipal court, up to 90 days) through second and first degree (felonies in General Sessions with up to three and ten years) to domestic violence of a high and aggravated nature (up to twenty years). The degree depends on injury, prior convictions, whether a protective order was in place, and other factors—not on how the argument felt.

What happens the first week

  1. Arrest. Officers responding to a domestic call are trained to identify a primary aggressor and make an arrest. It is not unusual for the person who called 911 to be the one arrested.
  2. Bond hearing. Usually within 24 hours. The judge will almost always impose a no-contact condition covering the other person and often the shared home. Violating it—even by a text the other person invites—is a new charge and a revoked bond.
  3. Living arrangements. You may need to retrieve belongings with a police escort. We handle the requests to modify bond conditions when the family wants contact restored.
  4. The case. The State, not the alleged victim, decides whether to prosecute; a request to “drop the charges” does not end the case. Evidence is gathered from the 911 call, body-camera video, photographs and statements.

Consequences beyond the sentence

Any domestic violence conviction triggers a federal lifetime prohibition on possessing firearms and ammunition, and South Carolina adds its own prohibition. For a hunter, a police officer, a service member or anyone with a concealed-weapons permit, that alone changes the calculus. Convictions also affect custody cases, security clearances, immigration status and employment.

How these cases are defended

  • Self-defense and defense of others—South Carolina law protects the person who was actually attacked.
  • The body-camera video often tells a different story than the incident report; Jack reviews every minute.
  • Inconsistent statements between the 911 call, the scene interview and later accounts.
  • Injuries that do not match the description, or none at all.
  • Pretrial intervention and, for some third-degree cases, a resolution that avoids a conviction and preserves expungement eligibility after the waiting period.

Frost first: do not contact the other person to “work it out,” even if they reach out first. Call us; we will address the no-contact order through the court.

Arrested for domestic violence?

Call before the bond hearing if you can, and before you talk to anyone if you cannot.

Schedule a consultation(843) 419-6653

Questions people ask

Can the victim drop domestic violence charges in South Carolina?

No. Only the prosecutor can dismiss a charge. The alleged victim's wishes matter, but the State decides.

Can I go home after a CDV arrest?

Not if the bond order says no contact with the other person or the residence. We can ask the court to modify the conditions once things have settled.

Can third-degree domestic violence be expunged?

A first-offense third-degree conviction can be expunged after five years without a subsequent conviction; dismissed charges are expunged sooner.

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