At the David W. Martin Law Group, our domestic violence attorney in Greenville understands that these charges are often accompanied by a temporary order of protection — even if the allegations have yet to be substantiated — because the initial hearing to approve the order occurs without the alleged abuser being present.
This means our client will not have the opportunity to respond to the allegation before the temporary order goes into effect, which generally lasts 15 days before the permanent order of protection hearing is scheduled.
There is a lot to lose during a domestic violence case, especially if you violate an order of protection in the State of South Carolina, so it is important that your rights are protected from the time the accusation is made, so we can help mitigate the penalties associated with your unique legal matters.
If you have been charged with domestic violence and have an order of protection against you, now is the time to talk with our criminal defense attorney in Greenville so your rights are protected throughout your criminal hearings going forward.
What Actions Violate a South Carolina Order of Protection?
Domestic violence cases only apply to family or household members, which can include a spouse or ex-spouse, someone with whom you share a child, or someone you live with or have lived with.
Your domestic violence charges will be unique to the allegations waged against you. One of the most critical components of your case will also include the number of domestic violence offenses you have been convicted of, and your behavior towards the accuser during the order of protection.
The following actions toward the person who filed a temporary order of protection against you will result in a violation:
- Communicating or trying to communicate
- Abusing or threatening to abuse
- Visiting any location outlined in the order, which may include homes, schools, workplaces, and even their childcare facility
Final orders of protection — which come with significantly more harsh mandates — are issued only after a full court hearing, where both you and the abuser have a chance to present both your sides of the story. Before attending the final order of protection hearing, you should speak with our Rock Hill criminal defense attorney to understand your rights and how we can help you avoid potentially life-changing consequences if it is approved by the judge.
What Happens if I Violate a South Carolina Order of Protection?
Any violation of an order of protection in South Carolina is dealt with based on its severity, which is why the consequences vary and are unique to the circumstances.
Your criminal history or a pattern of domestic violence will increase the penalties associated with violating a South Carolina order of protection.
They may include:
- Criminal charges that include a punishment of up to 30 days in jail or a fine for violating a temporary order of protection
- Criminal charges that include a punishment of up to one year in jail and up to $1,500 in fines when the accused violates a permanent order of protection
- Criminal charges that include a punishment of up to three years in jail, if the violation occurs at a domestic violence shelter where the accuser resides
- Criminal charges that include a punishment of up to five years in jail, if the person has a dangerous weapon
If you have been charged with domestic violence or have violated the order of protection against you, contact our criminal defense lawyers in Fort Mill & Greenville at David W. Martin Law Group by calling (803) 590-1958 to schedule a consultation today. The consequences of your charges or violation can significantly reduce your rights in South Carolina, and we want to help ensure you have the resources you need to protect them going forward.
