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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 29985
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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My ex (and father to our 2 babies) currently has a 3rd

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My ex (and father to our 2 babies) currently has a 3rd degree cdv case pending against him (in South Carolina). In all honesty, even though it is his "first cdv charge", I believe that he should have been charged with either a 2nd or 1st degree cdv charge, due to the new laws and stipulations.
Also, this is not the first time he has physically abused me (along with constant verbal abuse as well), but that was the only time I finally called the police and he was immediately arrested because he caused visible bodily harm to me (blood, bruises, and he bit my finger nail off after body slamming me into the ground).
There were numerous prior instances where he caused me bodily harm- but I never alerted the police. However, one one occasion (while I was pregnant which he was fully aware of because I was almost 5 months along), he once again used drugs and proceeded to wake me up, forcefully drag me out of bed, corner me so that I could not leave the room and continued to push me to the ground everyone I tried to run towards the door. I screamed loudly in hopes that someone within the house would hear me but unfortunately no one came to check. That angered him and he then proceeded to pin me to the bed by wrapping his hands around my neck and continued to press/choke me until I was unable to utter anymore words and was gasping for air. My vision then began to slowly fade and darken my surroundings and eventually all I saw was blurry white cloud like blurred images and then it went black. I didn't pass out. I was able to kick him hard enough to get him off of me and I immediately ran out of the bedroom screaming and headed straight to the closet bathroom and locked myself in there. Everyone in the house (we were out of town and the people we were staying with decided to have a party but I did not partake in the activities because I was pregnant) went silent. He had torn my clothes, shredded my bra that I was wearing, and I had visible handprints wrapped around my neck. He immediately left the scene.
Like I said, I did not contact law enforcement because we were in Florida and unfortunately he was my only ride option back to SC and at the time we lived together.
Once I got home, I immediately went to the ER to make sure the baby was ok due to what had happened. Fortunately, the baby was ok, but it was apparent that I had been battered. I didn't go into too much detail and opted not to alert law enforcement out of fear. However, I do still have the documentation from that ER visit and the doctor wrote on numerous pages of my final report that it was due to domestic violence.
Is there anyway to bring that up in our general sessions court trial, to prove that he has abused me more than once, especially since I was pregnant and he knew that. Would it be admissible? And possibly add to his repercussions? I am currently 29 weeks pregnant with out second child and he has not been around or paid a sufficient amount of support towards our first child. He promised this time would be different and because of his party life style, he has failed to keep his word. He basically have me an affidavit and told me to sign it, in hopes of getting his vase dismissed, but quite honestly, after all he put me through and still continues to do so, I don't want to sign it. He needs help and he needs to realize that he is in fact NOT above the law.
Sorry for the long story, but all I need to know is if I am able to present prior documentation, texts, etc.. to show what a monster he is, that he needs help/treatment for his addictions, and that he needs to be prosecuted to the fullest extent. I am in my mid 20's and he will be 45 in September. It's sad and pathetic. He also has past criminal history in SC (none cdv related) but criminal, drug and assault charges.
Can I press additional charges for the domestic violence that is documented by the hospital even though it happened last January? I also have other "evidence" of it would be admissible in court.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear he put you through this.

Yes, all of the evidence of domestic violence toward you is admissible in a child custody dispute, both because it goes toward his ability to parent, and because it lets the judge know to issue orders limiting the contact between the two of you. The judge can arrange for you to only exchange the child in a public place, for example, or via a third party friend or relative's house for your safety. The judge can order him not to contact you at all except for matters directly relevant to the child's health and safety (or scheduled visits). The judge could even arrange for visitation discussions to go through a third party. It's actually very good for the judge to know about past domestic violence before making a decision.

Texts and other documentation are admissible. Hospital records, police reports, photographs of bruises, eyewitness testimony from anyone who witnessed the abuse. Bring whatever you have. The judge will want to see it. Your testimony is also proof. South Carolina is a unique state in that it does not have statutes of limitation on crimes. That means you can file a police report now, even though it's been more than a year.

You are under no obligation whatsoever to sign an affidavit you don't agree with. You're allowed to walk away, and if he tries to stop you, call the police.

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