Calling the police during a domestic argument in South Carolina can lead to an arrest, and in some cases, both people involved may be arrested and taken to jail. Once officers respond, the decision to make an arrest belongs to law enforcement, not to the person who placed the call, even if that person did not want anyone arrested. The Greg McCollum Complete Legal Defense Team works with clients who were arrested under these circumstances.
Calling the Police Does Not Mean You Control What Happens Next
Many people who call the police during a domestic argument expect the officers to act as a referee, calming the situation down without anyone being taken to jail. In practice, that is often not how it plays out. Once officers respond to a domestic call in South Carolina, they can decide to make an arrest to stop the situation, even if that is not what the caller had in mind.
Watch Greg McCollum explain this in detail
A common misunderstanding is that the person who calls has the right to press charges or decline to press them, as though the responding officers are simply there to investigate a personal complaint. In many cases, someone will tell police they do not want to press charges, only to learn that the decision is not theirs to make. Charges can move forward whether the caller wants them to or not.
A Heated Argument Can Turn Into an Arrest No One Wanted
A common pattern in these situations is that a household member calls the police during a heated argument, expecting help calming things down, and the call itself becomes the reason someone ends up arrested. In many of these cases, if the police had not been called, the argument likely would have stayed just that, an argument, without anyone facing criminal charges.
When Both People Accuse Each Other
It is not unusual for both people in a domestic dispute to accuse each other of assault. When that happens and the situation escalates, South Carolina police can arrest and charge both people involved, and both may be taken to jail. This can catch people off guard, particularly the person who initially called for help expecting the police to de-escalate the situation rather than arrest everyone present.
Frequently Asked Questions
Can police arrest someone even if the person who called for help doesn’t want charges filed? Yes. Once police respond to a domestic call in South Carolina, the decision to make an arrest and pursue charges rests with law enforcement, not with the person who called.
If I call the police just to calm down an argument, will someone automatically be arrested? Not automatically, but it is a real possibility. Police may determine that an arrest is necessary to stop the situation, even when the caller only wanted help de-escalating things.
Can both people in an argument be arrested for domestic violence in South Carolina? Yes. When both people accuse each other of assault and the situation escalates, South Carolina police can arrest and charge both parties.
What if I didn’t want the other person to get arrested? What the caller wants does not determine whether charges move forward. Once police believe an arrest is warranted, the case can proceed regardless of the caller’s wishes.
What should someone do if they were arrested along with the other person involved? Anyone facing a domestic violence charge in South Carolina, including someone arrested alongside another household member, may benefit from having their case reviewed as soon as possible.
Why Choose the Greg McCollum Complete Legal Defense Team for Domestic Violence Charges in South Carolina
Domestic violence arrests in South Carolina can happen quickly and can catch people off guard, especially when the person who called for help ends up facing charges themselves. Greg McCollum has roughly 30 years of legal experience, including work as a former prosecutor, giving him insight into how these cases are built and prosecuted in South Carolina. The Greg McCollum Complete Legal Defense Team works with clients throughout the Myrtle Beach area on domestic violence matters, including cases where both parties were taken into custody.
If you have questions about domestic violence arrests in South Carolina, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.
