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I was assaulted but did not press charges for CDV and now DSS is involved.

Aiken, SC |
Filed under: Domestic violence

I went to the ER because of a nonstop migraine after the incident. The nurses called the police and I feel I was coerced in making a statement after I repeatedly told them that I didn't want to press charges and that I just wanted him to get help for his alcoholism. DSS is now involved investigating possible physical abuse on the children because they were home during the incident. They were asleep and know nothing about it. The lady from DSS is saying that victim services is saying there is a warrant for his arrest. Victim services called and said that it would be best for him to turn himself in. I never pressed charges. Can the state press charges even if I don't want them to? And is there anything I can do to get it dropped?

Attorney Answers 1


InSouth Carolina a medical provider is required to report spousal or child abuse or neglect if they have sufficient proof or reasonable suspicion of the incident. The state can press charges against your partner without your permission, consent or cooperation. DSS gets involved in these cases way too often, and usually without sufficient cause to do so. That is because they have block federal funding and they need to keep up their caseload to justify the federal funds. Your partner does not have to turn himself in, however, if there is a warrant for him it may be served and he could be arrested anytime and anywhere. It is easier if he controls the when and where of that equation. It also looks better on him to the bond judge. He should not speak about the charges whatsoever, though. He can ask to have an attorney appointed to represent him for these charges. You should get an attorney for the DSS matter, also. Don't deal with them directly on your own. they will just end up causing your situation with your partner to get worse and possibly force a separation in order to be able to keep your children from going into foster care.

My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed to practice in the appropriate jurisdiction where the legal issue may be filed or in the state where the law applies.

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