Have you or a loved one been served with a domestic violence restraining order in Columbia, South Carolina? A protective order can impose serious limits on your life—affecting where you can live, who you can see, and even your job. Fortunately, you still have time to defend yourself against these allegations. Jeffcoat Criminal Defense Lawyers brings 100 years of combined experience to the table and will work hard for you every step of the way.
Call our law offices today at (803) 200-2000 to schedule a free initial consultation where our domestic violence restraining order lawyers in Columbia, SC, can assess your circumstances, answer your questions, and share some preliminary legal advice. Let us help you protect your rights and work toward the best outcome possible.
How Jeffcoat Criminal Defense Lawyers Can Help if You Are Facing a Domestic Violence Restraining Order in Columbia, South Carolina
When someone accuses you of domestic violence in South Carolina, they might seek a restraining order (also called an Order of Protection) against you. While these orders aim to protect victims from harm, they can be misused or issued with insufficient proof. Violating such an order, even mistakenly, can carry severe criminal consequences.
Our Columbia domestic violence lawyers in South Carolina understand how these accusations can jeopardize your reputation, your access to your children, and more. We know the strategies law enforcement uses, and we’re committed to ensuring your side of the story is heard. When you hire us, we can:
- Investigate the claims against you
- Respond to the restraining order
- Challenge insufficient evidence
- Represent you at all court appearances
- Explain your legal rights and options at every stage
Don’t let a restraining order limit your freedom without a fair defense. Contact our law offices in Columbia, SC, today to get started with a free case review.
A Brief Overview of Domestic Violence Restraining Orders in South Carolina
Under South Carolina law, an alleged victim of domestic violence can petition the family court for an Order of Protection. These orders can apply if the parties have certain relationships, such as spouses. Courts often issue them based on accusations of:
- Physical harm or threats of physical harm
- Sexual assault or attempted assault
- Stalking or harassment that causes fear
Once served, you may be required to stay away from the accuser’s home or workplace, among other consequences. Violating the terms could result in criminal charges and immediate arrest.
South Carolina law also recognizes restraining orders, which are available to anyone experiencing harassment or stalking (there need not be a domestic relationship between the parties). Types of restraining orders include:
- Emergency restraining orders: Sometimes issued right after an arrest or reported incident. These can take effect quickly and last until a formal hearing.
- Temporary (ex parte) orders: Granted without your presence if the judge believes immediate danger exists. They usually last until a full hearing.
- Permanent restraining orders: Issued after a hearing where both sides can present evidence. They can last for a set period or until modified by the court.
It’s crucial to respond promptly if you’ve been served with a protective order or know one is being sought against you.
Defenses to a Domestic Violence Restraining Order in Columbia
Court hearings for restraining orders are usually less formal than criminal trials. However, they still require thorough preparation. Our lawyers will analyze the accuser’s allegations for weaknesses or inconsistencies. Common defenses include:
- Insufficient evidence: The petitioner must prove abuse, threats, or fear. If they have no credible proof, the court may deny or dismiss the order.
- Self-defense: If the alleged “violence” occurred while you protected yourself or someone else, it may serve as a valid defense.
- Exaggeration or false claims: Sometimes, individuals misuse protective orders for leverage. We can show contradictory statements or lack of injuries to undermine their allegations.
- Violation of due process: If you weren’t properly notified or given a fair chance to respond, the order may be invalid.
We’ll present your story factually and legally, aiming to prevent or remove the order if the accuser’s case doesn’t meet the legal standard. Learn more about your legal rights and options by contacting us today.
Schedule a Free Consultation With a Columbia, SC Domestic Violence Restraining Order Lawyer
Facing a domestic violence restraining order can feel overwhelming, but know that you aren’t alone. Jeffcoat Criminal Defense Lawyers in Columbia, SC has 100 years of combined experience and can assist you from start to finish. We know how the system works—and we’ll use that knowledge to protect your rights.
Contact us for a free initial consultation where we’ll assess your case and suggest your best next steps. Don’t let an unchallenged protective order undermine your freedom or reputation. Call our Columbia domestic violence restraining order attorneys in South Carolina today.
