Domestic Violence

In some domestic violence cases, one partner attacks the other partner; the partner who has been attacked reacts in self-defense. When the police arrive, they find two people with visible injuries; they try to determine who the primary aggressor is and sometimes they get it wrong. In other case, they don’t take the time to figure out who the primary aggressor is and charge both parties with domestic violence.

Domestic violence cases often times come with a companion family court case; either a divorce case or an Order of Protection case. Because John Newkirk is experienced in both criminal law cases and divorce and family law cases, he is uniquely equipped to represent individuals with cases pending in both criminal court and family court.

In South Carolina the following are domestic violence related offenses:

Domestic Violence 3rd Degree

To cause physical harm or injury to a person’s own household member; or to offer or attempt to cause physical harm or injury to a person’s own household member with the apparent present ability under circumstances reasonably creating fear of imminent peril.

Domestic Violence 2nd Degree

Is Domestic Violence 3rd Degree, with any of the following aggravating circumstances: moderate bodily injury or reasonable likelihood of moderate bodily injury; the offense occurred while also violating an order of protection; the defendant has one prior conviction for domestic violence within the past 10 years; the offense was committed in the presence of a minor child; the victim was pregnant or the defendant should have reasonably known the victim was pregnant; the offense occurred during the commission of a robbery, burglary, kidnapping, or theft; the offense was committed by impeding the victim’s breathing or air flow; or the offense occurred while blocking the victim’s access to a phone or interfering with the victim’s ability to make a report to law enforcement.

Domestic Violence 1st Degree

Is Domestic Violence 3rd Degree, with great bodily injury or reasonable likelihood of great bodily injury; or, Domestic Violence 2nd Degree with any of the following aggravating circumstances: the offense occurred while also violating an order of protection; the defendant has two or more prior convictions for domestic violence within the past 10 years; the offense was committed in the presence of a minor child; the victim was pregnant or the defendant should have reasonably known the victim was pregnant; the offense occurred during the commission of a robbery, burglary, kidnapping, or theft; the offense was committed by impeding the victim’s breathing or air flow; or the offense occurred while blocking the victim’s access to a phone or interfering with the victim’s ability to make a report to law enforcement.

Criminal Domestic Violence of a High and Aggravated Nature

Domestic violence is committed with one of the following aggravating circumstances: the offense is committed under circumstances manifesting extreme indifference to the value of human life and great bodily injury occurs; the offense is committed, with or without an accompanying battery and under circumstances manifesting extreme indifference to the value of human life, and would reasonably cause a person to fear imminent great bodily injury or death; the offense of Domestic Violence 1st Degree was committed while violating an order of protection.

Violation of an Order of Protection

A person, who is subject to an order of protection, violates provisions of that order of protection.

Violation of a Restraining Order

A person, who is subject to a restraining order, violates a provision of the restraining order.

Assault and Battery

Assault and Battery 1st Degree, Assault and Battery 2nd Degree, and Assault and Battery 3rd Degree could all be domestic violence related.

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