Legal Question in Criminal Law in South Carolina
Process for DV in SC
Last month I contacted the police after my husband and I had a fight. I was highly intoxicated, angry and being completely unreasonable so after about an hour they finally took a written statement and I signed it. There was not one mark on me. They did not arrest my husband, I left the home and returned within the hour. My husband did not give a written statement. The responding officer stopped by our home two days later stating they may not file any charges but didn't know for sure. I called the investigator who sent me a letter asking me to contact her but after several attempts she has not called me back. I have left messages saying I did not want to go forward with the complaint. I realize they have the option to continue without me. Should he get an attorney now? How do I find out the status of the complaint?
2 Answers from Attorneys
Re: Process for DV in SC
Usually if they are going to arrest someone they do it immediately for the victim's safety. Although I cannot say for sure, based on what you have said it sounds unlikely that any charges will be filed. Your husband has the right to hire an attorney, but it may not help as nothing may come of this. You can try calling the investigator's supervisor. You are the victim in this and have a right to know what it going on. Good luck.
Re: Process for DV in SC
It is doubtful that they will file charges this late, but they could. There's no need for him to hire an attorney at this point, but you are entitled to get a copy of the report and the written statement that you filed. You should have been given a Victim's Impact Statement and some information on the Victim's Advocates at your local police/sheriff's dept. You could call them to determine what the status is on the case and whether or not they expect to file charges. I prosecuted CDV cases for 10 years, if you need any other information on the process, feel free to call me.
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