How Long Do Most Domestic Violence Cases Last?

If you have been charged with domestic violence, it is only natural to want to put the matter behind you as quickly as you can. There are, however, a wide range of factors at play when it comes to the duration of these challenging cases. Very generally, you can expect your case to take from about six months to a year to be resolved, and the most important step you can take in the meantime is to work closely with an experienced Kingstree, SC, domestic violence defense attorney at the Law Offices of Cezar McKnight.

Domestic Violence Charges in Kingstree, SC

There are two primary elements that must be present for a domestic violence charge to apply in Kingstree and throughout the State of South Carolina.

The Required Relationship

For the charge of domestic violence (DV) to hold, one of the following must apply:

You are married to your accuser, or you were in the past.
You and your accuser are a couple who live together, or you were in the past.
You and your accuser share a child together.

The Act of Domestic Violence

The second element is the act of DV itself. For the incident to qualify, you must have either injured the person who has accused you or you must have credibly threatened to do so.

From here, there are four distinct categories of DV charges in South Carolina.

The Degrees of DV Charges

The two basic elements defined above must be present for every DV charge, but there are additional requirements as the charge becomes more serious. Consider the following:

Domestic Violence Third Degree involves the two basic elements discussed and is a misdemeanor charge.
Domestic Violence Second Degree applies when there is an additional factor involved, such as causing moderate bodily injury, having a prior conviction, or having a restraining order against you. This is also a misdemeanor-level charge.
Domestic Violence First Degree escalates things further, such as when great bodily harm is involved or a gun is used, and it is a felony.
Domestic Violence of a High and Aggravated Nature involves an even more serious outcome, such as if the other person is permanently disfigured or suffers near-fatal injuries.

The Length of Your Case

The duration of the case against you will be based on the DV charge itself, and the more serious it is, the more likely your case is to be lengthy. Other factors that can make a difference are the court’s schedule, the strength of the evidence, the strength of your defense, and whether or not you accept a plea deal, which should be based on the unique circumstances involved.

An Experienced Kingstree, SC, Domestic Violence Defense Lawyer Is in Your Corner

Cezar McKnight at The Law Offices of Cezar McKnight in Kingstree, SC, is a formidable domestic violence defense attorney who understands your desire to have the DV case hanging over you resolved. He also has the skill and legal insight to help guide your case toward an optimal outcome, and we encourage you to reach out by contacting us online or calling us at 843-374-4529 for more information today.