Legal Protections Available for Victims of Domestic Violence
Domestic violence is as common as it is dangerous, and victims are often at a loss regarding how to protect themselves. One of the most essential points to make regarding domestic violence is that if you believe you’re in imminent danger, it’s time to call the authorities. There are also, however, legal protections in place that can help you move forward beyond the abuse you’re living with, and doing so is always in your best interest.
However, suppose you’re facing a domestic violence charge. In that case, your rights are on the line, and consulting with an experienced South Carolina domestic violence lawyer sooner rather than later is always advised.
Orders of Protection
If your abuser is either your current or former spouse, is someone you share a child with, or is a current or former romantic partner with whom you live or used to live, you can seek an order of protection. The court issues orders of protection, and they are designed to stop abusers from continuing to physically harm, threaten to harm, or sexually abuse their victims.
Protections Available
Orders of protection are generally issued for a period of six months to a year. Depending upon the circumstances of the case, the accused can be required to stop engaging in a range of actions that include the following:
- Abusing or threatening to abuse the survivor
- Molesting the survivor or the survivor’s pet
- Using or threatening to use physical force against the survivor
- Continuing to communicate with the survivor
- Entering the survivor’s home, workplace, school, or any other __cpLocation the court designates
Additional Consequences
In addition to the protections outlined above, an order of protection could award you temporary possession of the residence you share with the accused – if they must support you or your shared minor children. This is true even if they own or rent the property alone.
In the event of domestic violence, an order of protection can include the establishment of temporary child custody and visitation arrangements and temporary financial support, temporary child support, or both—as applicable. The court can also award temporary possession of personal property, pets, and attendant legal expenses.
Finally, your protection order can prohibit the accused from possessing a firearm if the court determines that they either caused you harm or threatened to do so and if – in response – the court orders the prohibition. Once a South Carolina court enters an order of protection, federal laws prohibiting firearm possession also come into play – if the state court deemed the accused a credible threat to you and if the court forbade them from threatening physical force against you.
Make the Call to an Experienced Domestic Violence Lawyer Today
If you’re facing a DV charge, Swilley Law Firm serves Murrells Inlet and Florence, South Carolina. We are a resourceful domestic violence attorney who will spare no effort in our focused defense of your rights and fierce pursuit of an advantageous conclusion. We care about you and your case, so please don’t wait to contact us online or call 843-250-3632 for more information today.
