1. Request Dismissal: The victim can file a written request with the court to have the CDV case dismissed. This request should be accompanied by a sworn affidavit explaining why the victim wants the case to be dropped, such as a change in circumstances, improved safety, or a desire to resolve the matter privately.
2. Plea Agreement: The victim can negotiate a plea agreement with the prosecutor handling the CDV case. This involves reaching an agreement on the charges, potential penalties, and other conditions, such as completing a domestic violence intervention program. If the prosecutor agrees, the court may approve the plea agreement and drop or modify the charges.
3. Seek Court Intervention: The victim can request the intervention of the judge overseeing the CDV case. This can be done by filing a motion or requesting a hearing. The victim can present evidence, such as statements, documents, or testimony, supporting their request for the case to be dropped or stopped.
4. Expunge the Record: If the CDV case is dismissed, the victim can petition the court to expunge or seal the records. This means that the records of the case will not be publicly accessible, and the charges will not appear on the victim's criminal history. However, expungement may not be granted in all cases.
5. Contact the Victim Advocate: Victims of domestic violence in South Carolina have access to victim advocates who can provide legal information, emotional support, and guidance throughout the legal process. Victim advocates can help victims navigate the court system and understand their rights and options.
It is important for victims of domestic violence to seek legal advice from an experienced attorney who can represent their interests and ensure that their rights are protected. The attorney can assist in filing the necessary documents, advocating on behalf of the victim in court, and exploring available legal remedies.