South Carolina INTERSTATE DOMESTIC VIOLENCE
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FAQ
The frequency and severity of domestic violence varies dramatically. 42.3% of South Carolinian women1 and 29.2% of South Carolinian men2 experience intimate partner physical violence, intimate partner sexual violence, and/or intimate partner stalking in their lifetimes.
DV 2nd degree is a misdemeanor offense, but it is prosecuted in General Sessions Court and carries up to three years in prison and a fine of $2500 ? $5000 plus court costs if convicted.
Can I Get a SC Domestic Violence Conviction Expunged? A conviction for domestic violence 3rd degree in SC can be expunged after five years, if there are no other convictions on your record.
Three years have passed since your conviction date and you have no other convictions since, unless you were convicted for criminal domestic violence (CDV). First offense criminal domestic violence (CDV) can be removed from your record after a five-year waiting period with no other convictions.
Victim Drops the Case The alleged victim can fill out a form requesting the charges be dropped. The authority to prosecute the case does not belong to the victim, but to the state.
Although CDV is a misdemeanor prosecutable in the municipal and magistrate courts of South Carolina, a CDV conviction can have very serious and lasting consequences. On the other hand, Criminal Domestic Violence of a High & Aggravated Nature, or CDVHAN, is a felony offense in South Carolina.
The penalties for a conviction to first offense CDV in South Carolina include a fine of over $5,000 and/or up to thirty days in jail. The penalties are enhanced for those with a prior record of domestic violence convictions, either in South Carolina or in other states.
What is Domestic Violence in the 1st Degree in South Carolina? First Degree Domestic Violence §16-25-20(C) occurs when the defendant committed CDV and at least one of the following violations: Committed BE and has two or more prior DV convictions within the past 10 years.
