According to the South Carolina Coalition Against Domestic Violence and Sexual Assault (SCCADVASA), law enforcement receives tens of thousands of domestic violence reports each year. SCCADVASA notes that a single domestic violence incident can harm numerous victims, as this violence often occurs in households filled with many relatives. The fact that these incidents tend to occur behind closed doors also makes them difficult to assess. How can law enforcement determine what actually happened with few witnesses? How can victims prove that their reports are accurate? These unclear factors lead to numerous domestic violence myths. Both victims and defendants may find it easier to proceed once they dispel domestic violence myths and gain more understanding of the actual laws at play. Consider discussing domestic violence myths in more detail with experienced South Carolina family lawyers at King Law Offices by dialing (888) 748-KING.
Only Women Are Victims of Domestic Violence
One of the most persistent domestic violence myths is that this issue only affects women. First, domestic violence laws do not state that the victim must be a specific gender. These laws only mention crimes between individuals, and they may apply to male or female victims. According to the National Domestic Violence Hotline, one in seven American men over the age of 18 has been a victim of domestic violence. This equates to almost 15% of men over 18, highlighting the severity of the issue in the male population. Men should report their abusers without fearing whether they will be taken seriously by law enforcement. Even if the domestic violence does not cause serious injury, there is no sense in sitting back and accepting harm from a household member or intimate partner.
That said, women may be more vulnerable to domestic violence because they tend to be smaller than men. Women also have less testosterone and lower muscle mass, making it difficult to defend themselves. Of course, the presence of a firearm or similar deadly weapon levels the playing field considerably.
Proving Domestic Violence Is Easy
Many assume that if they report domestic violence, their abuser will quickly face criminal penalties. However, this is not the way the criminal justice system works in South Carolina. In order to secure a conviction, prosecutors must prove guilt “beyond reasonable doubt.” This is a high burden of proof, and it requires compelling evidence. Victims may find that proving domestic violence is more difficult than they initially imagined, especially if they were no other witnesses of the incident. A “he said, she said” situation may not lead to a conviction because of the reasonable doubt over whether the incident actually occurred.
That said, it may be possible to gather compelling evidence even in the absence of other eyewitnesses. In addition, the burden of proof is lower in civil domestic violence cases. Although a civil case will not lead to criminal consequences for the alleged abuser, it can offer various forms of protection. For example, a parent might attempt to show a “preponderance of evidence” for domestic violence during a divorce trial. This could help the parent receive sole physical custody, ensuring that the children do not experience further violence.
If I Report Domestic Violence, I’ll Be in Danger
A temporary restraining order (TRO) does not require much in the way of proof. A victim can obtain one of these court orders within 24 hours, and their own testimony may be enough to convince a judge that they face real danger. TROs are only temporary, however – and further proof may be necessary for extended protection. Restraining orders and orders of protection ensure that when a victim reports domestic violence, they can mitigate potential threats from their abuser. Abusers commonly threaten their victims with violence if they ever report past incidents.
Orders of protection are for “cohabitants” who have qualifying relationships with their abusers. These are generally spouses, co-parents, or those living together while in intimate relationships. An order of protection prevents the abuser from coming into contact with the victim. This includes not only physical contact, but also phone calls and digital communications. With an order of protection, victims can feel confident about achieving safety while avoiding retaliatory violence. Speak with King Law Offices to learn more about obtaining an order of protection.
If I Report Domestic Violence, I’ll Lose Everything
Many people stay in abusive relationships because they fear losing financial stability. These victims tend to be stay-at-home parents or homemakers with no income of their own. However, these victims can still achieve financial stability after reporting domestic violence. An order of protection can provide temporary financial support and child support. It may also help victims pay their legal fees and enjoy sole ownership of certain property until asset division processes can move forward.
Domestic Violence Only Involves Physical Harm
Many domestic violence incidents involve physical harm, but South Carolina also includes threats in its definition of domestic violence. As long as you have received a threat of physical harm from your abuser, you can report this as domestic violence. You may also pursue an order of protection on these grounds. Furthermore, victims can seek orders of protection after being coerced into performing sexual acts. Finally, if an abuser attempts to carry out domestic violence but does not succeed, this is still a criminal offense under South Carolina law.
Discuss the Legal Aspects of Domestic Violence With King Law Offices
Each domestic violence incident is slightly different. As a result, various laws and processes may apply based on the specific circumstances of each case – and online research may fail to provide targeted guidance in the same way as a North Carolina family lawyer. Victims may want to discuss domestic violence myths in more detail with these legal professionals. These meetings are confidential, and the attorney-client privilege prevents lawyers from breaching this privacy. Of course, those accused of domestic violence may also speak with lawyers to determine their next steps. False allegations can have serious consequences for child custody and other aspects of family law. To continue this discussion, consider calling King Law Offices at (888) 748-KING.