Being a victim of domestic violence can be a painful, harrowing experience. You may have suffered serious injuries, and the mental and emotional toll of the experience can be just as impactful, leaving a lasting effect on you and your family. 

Accusations that you have committed domestic violence while embroiled in a family law issue can hurt you. Whether you’re seeking a divorce, custody of your children, or a restraining order during the proceedings, domestic violence can complicate your current family law matter. 

That’s why you need the help of Sarah Henry Law, a firm prepared to handle your family law case when domestic violence is involved. Your attorney can advocate for you in court to protect you and your children. Our office has the tools you need to get the results you want. 

Domestic Violence Hurts Greenville Families Every Day—An Experienced Lawyer Can Help

When a family member is abusive, it can hurt you and your family alike. Even if your children are unharmed, they may still experience trauma and fear related to the abusive behavior. Because of this, it’s important to act now and protect them. 

A lawyer with experience litigating family law matters involving domestic violence has the tools and knowledge needed to gather evidence of the abuse and prepare your case. They can help you seek specific restraining orders or a protective order to protect you and your children. Facing an abusive partner or other relatives in court can be daunting, but a legal advocate whose priority is protecting your rights can make your case easier. 

Proving domestic violence can be difficult in some cases, especially if you also plan to press criminal charges. Because of this, you need a lawyer ready to dig deep for the evidence and information you need to prove your partner was violent toward you or your children. 

A lawyer’s experience can also make a big difference in taking the right steps toward recovery. It’s easy to make a mistake, say the wrong thing, or undersell the severity of the violence you suffered through. Your lawyer can help you prove your case and get the necessary answers in court. 

How Does Domestic Abuse Impact SC Family Law Cases? 

Domestic violence covers any attempt, threat, or act of physical bodily harm against another person in the household. When abuse is involved in your family law case, it can be scary to face a family member who was violent toward you or your children, so what does it mean for your case? 

When you plan to file for divorce, you’ll need to consider your grounds for divorce. One of these grounds is physical cruelty—if your spouse has been abusive, you have a chance to seek a divorce even if your spouse wants to remain together. 

Leaving an abusive relationship can be difficult, and one of the larger difficulties is often financial. You may have left your job to care for your children, for example, or you may have never worked outside the home. In these cases, you may need financial support through alimony. If your spouse was abusive, talk to your divorce lawyer about these payments and what you need to do to get them. 

When leaving an abusive relationship, it’s often not just about your safety, but also your children’s safety. You may even be afraid that, if your spouse has custody, they may use that to harm you or your children. 

If you’re concerned about your family’s safety, reach out to your lawyer for guidance. Your lawyer can advocate for you in the courtroom, protecting you and your children when abuse is a concern. 

What’s Considered Domestic Abuse in South Carolina?

We’ve all been in a heated argument with a loved one or disagreed on something with a relative, but at what point do these interactions cross the line into domestic violence? 

Typically, domestic violence covers any attempt, threat, or act of physical bodily harm against another person in the household. 

Those domestic violence charges become more severe if the other party worsened the situation through aggravating factors. These factors may include the following: 

• Causing great bodily harm to another member of the household
• Use of a firearm 
• Violation of a protection order 
• Prior convictions 
• Committing domestic violence in the presence of a minor 

A domestic violence charge that involves any of these factors may come with harsher penalties. These penalties can have an impact on your family law case.  Because of this, it’s important to speak with your lawyer about every detail of the incident. Your lawyer can help you gather evidence and get the best answers for both yourself and your family. 

Domestic Violence Convictions Can Lead to Family Law Troubles

An accusation of domestic violence is a serious matter. Even a less severe case can lead to harsh criminal and personal consequences. Being accused of crimes like these can impact your ability to see and spend time with your family and children for years after the case officially closes. 

Domestic violence is a criminal offense, so if you’re accused of domestic violence, you may face severe penalties in South Carolina’s justice system. It can also impact your ability to see your children. If you’re convicted of domestic violence, that can be used as a reason to limit the time you spend with your children. You may lose custody or even visitation rights, depending on the details of your case. 

If past domestic violence charges or convictions are impacting your parental rights, Sarah Henry Law our lawyer can help. Contact our law firm today to arrange a remote consultation to discuss your options for regaining access to your family.

Protecting Children from Abuse in Domestic Violence Situations

When there are accusations of domestic violence in a household, one of the first concerns one should have is the safety of any children involved. They have fewer options and limited ability to leave dangerous or abusive situations, so protecting them must be your first priority. 

When you’re involved in a domestic violence situation, one of your options, depending on the facts of your case, is to file for an order of protection for yourself and your children. If granted, an order of protection can prevent the other person from contacting you or otherwise continuing the abuse you suffered. If they violate this order, they may face legal penalties, including an arrest. 

If you’re concerned that you or your children may be in danger, your attorney is here to advocate for you and your family. They can help you file for an order of protection, prevent the abusive party from gaining custody or visitation rights, and help you prepare for a potential family law trial. 

Get Help if You Experience Domestic Violence

Any domestic violence situation can rapidly escalate into a life-threatening scenario. What seems like only a threat may turn into a life-altering injury in the near future, and possibly without warning. Because of this, it’s important to act now, not later. But what can you do about domestic violence, and who can help you? 

Insuring your physical safety and the physical safety of your children is always the first priority. This will look different for every person and every parent.  

Once you are physically safe and ready to address the legal aspects of dealing with abuse or being accused of abuse one of the most important steps is to retain a lawyer who’s prepared to aid you and your family. Family law is complex, and in some cases, the abusive party may even try to place the blame on you. Because of this, it’s important to get a lawyer who can help you make a clear, convincing case. 

For example, you may need help gathering evidence of abuse. Your lawyer can help you speak with doctors and get the medical evidence you need for your case. In these cases, testimony from family and friends who may have witnessed a violent act against you or your children can be vital. Your lawyer can seek them out and gather their support for your case. 

Your lawyer can also represent you during the family court trial. Taking a case to trial in family court is already difficult: You’ve gone through a difficult situation, and you may not feel ready to face your abusive family member. Your lawyer can lead the way in the courtroom, presenting evidence and arguing on your behalf. 

Frequently Asked Questions About Domestic Violence

Because domestic violence situations can be extremely complicated, it can be difficult to get an easy, clear answer about your case and what needs to come next. Whether you’re a victim of abuse or have been accused of abuse can dramatically change the answers. 

But that doesn’t mean a Greenville attorney with experience handling domestic abuse cases  can’t help. While you prepare for your consultation with a lawyer, check out some of the most common questions we’re asked before you make a decision. 

Can a domestic violence charge affect divorce proceedings in South Carolina?

If you or your former spouse is accused of domestic violence during divorce proceedings, it can make a big difference in your case.

It can also impact other aspects of your divorce, such as custody. Because domestic violence puts any involved children in danger, custody or visitation rights may be impacted or even taken away. If you’re concerned about your children’s safety, talk to your lawyer about any domestic violence charges involved in your case. 

Will I have to testify in court if I’ve been the victim of domestic violence?

If you’re a victim of domestic violence, your testimony may be a vital piece of evidence, and sometimes the only evidence. You might need to testify in family law court if you are involved in a child custody dispute or divorce with the abuser.

If you’re worried about testifying in court, your Greenville attorney can help. Our attorney has the tools needed to help you present your case and ensure you’re prepared for any questions you may be asked. Your lawyer can provide vital support and guidance during this difficult time. 

Contact a Lawyer Who Will Stand Up for You

When a relationship turns violent, it can be both dangerous and devastating. It affects you, your children, and your future. Worse, you may be unsure of how to overcome this situation. You and your family deserve to feel protected, but some lawyers may not provide the aid you need. 

That’s where Sarah Henry Law can step in. Your lawyer is an advocate for your rights and your safety when a family member puts you in harm’s way. If you’re ready to get the aid you need, reach out for help. Give us a call at 864-478-8324 or fill out the online contact form on this page for a consultation with a Greenville lawyer.