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  1. #1
    Join Date
    Apr 2011
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    8

    Default Criminal Domestic Violence

    My question involves criminal law for the state of: South Carolina

    Any advice is appreciated.

    My wife and I got into a verbal argument, and I was so shocked that she was screaming at me, that I dialed 911 and then immediately hung up. She left the room, and continued to cuss me in the kitchen, so I got up and went into the kitchen to continue the confrontation. Finally, I had enough, drew my fist back and then decided in mid moment not to hit her and instead put my arm down. My wife, in defense hit me in the face and that set off a rage in me. I tackled her, pinned her down, and told her she was not going to talk to me like that and she was going to respect me, never hit her, and got up and went back to the other room. About that time, 911 calls back and I answer. They asked was everything ok, and I said yes and the operator could tell I was out of breath. She asked was there anyone else in the house with me and I said yes, my wife. When my wife picked up the phone to speak with her, she emotionally melted, said her husband (me) had attacked her. They sent out 3 cops and after telling the story, they arrested me for CDV 1st offense. After the took me away, they demanded a statement, and my wife refused and didn't want to press charges. So, the cop demanded she allow him to take pictures of some red area on her chest, and said if she didn't comply she would be arrested for obstruction, and the kids would be taken away. I get arrested and released and everything is fine now. My wife goes to the solicitor to ask if the charges can be dropped, and they say that they cannot until they speak to the police officer. Of course they never do, and never return her calls. She had a court order subpoena and this morning she did not go to court with me for the initial pleas. I told the judge I was enlisting the help of the public defender and there was no warrant issued for my wife not going to court this morning. So at the end, I asked the judge could I file a motion of dismissal because the victim was not there. He said I could, but to be honest, the Solicitor would ask for a continuance, and that would be granted because they had no time to prepare. Now, I have a meeting with the solicitor and no set court date for the future coming up. ANY HELP!?

  2. #2

    Default Re: Criminal Domestic Violence (South Carolina)

    Quote Quoting jreynolds11
    View Post
    My question involves criminal law for the state of: South Carolina

    Any advice is appreciated.

    My wife and I got into a verbal argument, and I was so shocked that she was screaming at me, that I dialed 911 and then immediately hung up.
    That's going to result in police showing up just about every time, regardless of what you or anyone else tells the operator who calls back. Why? Because it's a frequent occurrance during domestic violence incidents.

    She left the room, and continued to cuss me in the kitchen, so I got up and went into the kitchen to continue the confrontation. Finally, I had enough, drew my fist back
    That's typically enough to constitute the crime of "assault". If you follow through on the punch, that would be a battery. But the action of putting the other person in fear of being struck is generally enough to be charged.

    and then decided in mid moment not to hit her and instead put my arm down. My wife, in defense hit me in the face and that set off a rage in me. I tackled her, pinned her down, and told her she was not going to talk to me like that and she was going to respect me,
    After the fact, you do realize of course, that you cannot control another person like that, nor demand respect, right?

    never hit her, and got up and went back to the other room. About that time, 911 calls back and I answer. They asked was everything ok, and I said yes and the operator could tell I was out of breath. She asked was there anyone else in the house with me and I said yes, my wife. When my wife picked up the phone to speak with her, she emotionally melted, said her husband (me) had attacked her.
    So regardless of whether she chooses to participate meaningfully with the prosecution's case, they DO have her spontaneous utterance to 911 that you attacked her.

    They sent out 3 cops and after telling the story, they arrested me for CDV 1st offense. After the took me away, they demanded a statement, and my wife refused and didn't want to press charges. So, the cop demanded she allow him to take pictures of some red area on her chest, and said if she didn't comply she would be arrested for obstruction, and the kids would be taken away.
    The kids could STILL be at risk of being taken away - the state is much more lenient with adults who want to result to violence to solve their problems and want to stay together than they are with allowing children to remain in such a situation.

    I get arrested and released and everything is fine now.
    Well, not really...there's still the issue of criminal charges against you.

    My wife goes to the solicitor to ask if the charges can be dropped, and they say that they cannot until they speak to the police officer. Of course they never do, and never return her calls. She had a court order subpoena and this morning she did not go to court with me for the initial pleas. I told the judge I was enlisting the help of the public defender and there was no warrant issued for my wife not going to court this morning. So at the end, I asked the judge could I file a motion of dismissal because the victim was not there. He said I could, but to be honest, the Solicitor would ask for a continuance, and that would be granted because they had no time to prepare. Now, I have a meeting with the solicitor and no set court date for the future coming up. ANY HELP!?
    You need to be working with a criminal defense attorney. The state can still bring, and potentially successfully protecute a case against you, even with a reluctant witness. And, when it comes to the kids, the more reluctant a victim/witness is to participate in the criminal case, the more social services is going to scrutinize the situation to be ready to protect any children who might have been or who might in the future be exposed to domestic violence (Google the term "failure to protect").
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  3. #3
    Join Date
    Apr 2011
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    8

    Default Re: Criminal Domestic Violence (South Carolina)

    OK, does anyone have any positive advice? Not saying that you are not 100% correct, but advice like things aren't good because you have a criminal case against you does not help anyone. If all else fails, I have been given the option to take PTI, and if need be I will do that upon speaking to my public defender.

  4. #4
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Criminal Domestic Violence (South Carolina)

    Quote Quoting jreynolds11
    View Post
    OK, does anyone have any positive advice? Not saying that you are not 100% correct, but advice like things aren't good because you have a criminal case against you does not help anyone. If all else fails, I have been given the option to take PTI, and if need be I will do that upon speaking to my public defender.
    You assaulted your wife.

    DA's are used to the victim recanting testimony. Plan on this case going forward.

    What positive advice do you want? You will probably be court ordered to get the counseling for your anger that you need. That's positive.

    And yes, if you pulled back your fist to strike your wife and followed that up by tackling her to the ground and demanding to be respected... you have an anger problem.

  5. #5
    Join Date
    Apr 2011
    Posts
    8

    Default Re: Criminal Domestic Violence (South Carolina)

    I don't ever recall saying I didn't have an "anger problem." Thats why I used the word "rage" in the original statement here. People don't do things like this unless they do have a problem. The fact this has never happened before is a positive thing, but again, going through here and belittling people and telling them what they already know doesn't HELP anyone. I realize that you, although you know nothing about me and are nowhere near me are just so upset that this happened and this is bothering you. However, I posted this not for a funny story that the Dr. Phils of the world can criticize, I asked for legal advice. Thanks for understanding.

  6. #6

    Default Re: Criminal Domestic Violence (South Carolina)

    The only person who can give you LEGAL advice is YOUR attorney. Not police officers, grocery store clerks, people who watch Judge Judy or Dr. Phil, or posters on internet message boards...even ones related to legal matters. ONLY an ATTORNEY with access to important things like the police report, witness statements, photos, and the track record of your local prosecutors and judges is qualified to provide comprehensive answers. Thus, the advice you were given, to RETAIN an attorney, was accurate.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

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