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  1. #1
    Join Date
    Mar 2013
    Location
    Westminster, South Carolina, United States
    Posts
    1

    Default What Happens When the Victim Doesn't Want to Press Charges for Domestic Violence

    My question involves criminal law for the state of: South Carolina, My spouse and i had argued over her leaving with my children. I parked my truck at the top of the drive to prevent her from leaving so we could talk. She proceeded to call the police and I grabbed her phone and broke it. I moved my truck and she left then a couple of hours later the police department called me and told me that I needed to make a statement and I did just that. Here it is three years later and the case is going to trail. She used my 7 yr old daughter as a witness. My daughter said she told the police what they wanted to hear. Now i am a single father who has one daughter that lives with me and im worried about what will happen to my daughter if I was to go to jail. Is there any kind of sentence deference or something that i could suggest to the judge So that i am not worrying about my now 11 year old daughter not having anyone to watch her. My now exwife wants nothing to do with what I was charged with and thinks that it being 3yrs later and going to trial is crazy. ANY HELP IS GREATLY appreciated

  2. #2
    Join Date
    Apr 2006
    Location
    NW of KSTL
    Posts
    2,554

    Default Re: What Happens When the Other Party Doesn't Want to Press Charges for Domestic Viol

    You're leaving out a few details. Like how did a property crime, breaking the phone, metriculate into DV?

    I would presume that there's maybe been some sort of continuance(s) that delayed the actual trial this long. Did you not know, or were aware of, the specifics when you were arrested and charged? I find it a bit of a stretch that you were 'blindsided' by this after this long and didn't know what was going to happen.

    Either way, you need a lawyer.....like 2yrs, 51wks ago.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Happens When the Other Party Doesn't Want to Press Charges for Domestic Viol

    Forcibly removing a phone from somebody's hand is sufficient be charged with A&B. In some jurisdictions, taking a phone from somebody in order to prevent them from calling or completing a 911 call is an additional, separate crime.

  4. #4
    Join Date
    Apr 2006
    Location
    NW of KSTL
    Posts
    2,554

    Default Re: What Happens When the Other Party Doesn't Want to Press Charges for Domestic Viol

    Missed that aspect of it, thanx Mr.K.

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