Practice Areas
DUI
CRIMINAL
We defend clients against charges of all types of major felonies and misdemeanor crimes in South Carolina, including:
Traffic Tickets – Our lawyers defend all types of traffic violations and will strive to get you the results that you need taking into account such factors as your point total for violations, your insurance situation, your ability to continue driving, and other important considerations.
Juvenile Crimes Defense – We defend juveniles and college students against criminal charges, including minor in possession of alcohol and minor in possession of drugs charges.
Drug Offenses – Our attorneys are skilled at protecting the rights of those charged with drug possession, distribution of drugs or drug trafficking in South Carolina.
Violent Crimes – We represent clients charged with domestic violence, robbery, assault and battery, homicide and weapons charges.
Sexual Offenses – Our firm provides skilled defense for clients charged with rape, sexual battery, or stalking.
Property Crimes and White Collar Crimes – We protect the rights of clients charged with theft crimes such as shoplifting, credit card theft, credit card fraud, and embezzlement.
Bail Bond Settings, Bond Reductions, and Probation Violations – Our attorneys have years of experience in representing clients in these proceedings.
We thoroughly evaluate every aspect of your case before making recommendations as to whether you should accept a plea bargain, go to trial or negotiate enrollment in a diversionary program. We will never make recommendations without first ensuring that all the relevant facts have been taken into account.
PERSONAL INJURY
You or a loved one may have been injured in a motor vehicle collision or by using a defective product. Perhaps, the injury occurred while you were at someone’s home or business and the owner of the business failed to keep the property safe for people who would be at that location. However it occurred, you may have a legal remedy for your injuries.
If you have ever been injured and you feel that someone else should be held accountable for your injury, call us for a FREE consultation so that we can discuss your legal options. Your injuries may have occurred as a result of either of the following:
Motor Vehicle Collisions
Slip and Falls
Products Liability
Premises Liability
Dog Bite
When you are injured and someone else may be responsible for the injury, you should do the following:
When practicable, take pictures of the scene and make a video recording of the incident.
Seek medical attention immediately.
Follow your doctor’s advice and keep every doctor’s appointment.
Document your injuries.
Immediately call the Boan Law Firm, LLC
You should not do the following:
You should not talk to any representative of the insurance company.
You should not sign any documents or accept any settlement offered by the insurance company.
You should not give any statements to the opposing party.
DOMESTIC MATTERS IN SOUTH CAROLINA
RESIDENCY REQUIREMENTS FOR DIVORCE:
To file for a divorce in South Carolina, at least one spouse needs to be a resident of the state for one year before filing a petition for divorce, unless both parties are residents of South Carolina. In that case, the Plaintiff must have been residing in South Carolina for three months.
LEGAL GROUNDS FOR DIVORCE:
The following grounds for divorce are recognized in the state of South Carolina:
• Adultery
• Physical cruelty.
• Habitual addiction to alcohol or drugs.
• Desertion for a period of more than one year.
• On the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year.
SEPARATE SUPPORT AND MAINTENANCE:
When spouses are living separately, either spouse may petition the court for a Decree of Separate Support and Maintenance which can deal with all of the issues related to the parties' marriage except the actual divorce. These issues include child custody, visitation, child support, alimony, property division, debt division, and other issues related to the marriage.
MEDIATION OR COUNSELING REQUIREMENTS:
In contested cases, the Court will likely require the parties to attend mediation with a qualified mediator prior to the case being scheduled for trial. In appropriate cases, it is sometimes a good idea to voluntarily enter mediation early on in a case in order to try to settle matters before litigation expenses can escalate. The Boan Law Firm can help you through this process and can let you know if your case requires mediation.
CHILD CUSTODY AND VISITATION:
One of the most delicate, and most contentious, issues involved in the separation of parties who are parents is the issue of child custody. The Courts determine who will have custody of the parties' minor child by attempting to determine what is in the child's best interest. Our law firm can help you to present the best case to the Family Court for why it is in the best interests of your child that he or she be with you.
PROPERTY DISTRIBUTION:
South Carolina is an equitable distribution state. In a separation or divorce, the Court will divide all marital property of the parties. Marital property is defined as property that was acquired during the marriage, regardless of whose name the property is in. This includes all money earned and all retirement accumulated during the marriage. Any property owned prior to the marriage or obtained through inheritance or gift, shall remain the sole property of that spouse.
ALIMONY/MAINTENANCE/SPOUSAL SUPPORT:
Alimony may be awarded on either temporary or permanent basis. A party shall not be entitled to alimony if it is established by a preponderance of the evidence that the marital discord was caused by that party's adultery. Alimony may be awarded in accordance with the needs of the party seeking alimony, and the ability of the other party to pay. Unless otherwise provided, alimony shall end upon the remarriage of the party receiving alimony. In determining whether or not to grant alimony, the court shall consider evidence of the conduct of each party toward the other. The following shall be considered in determining the amount of alimony, if any, to be awarded:
• The duration of the marriage together with the ages of the parties at the time of marriage and the ages of the parties when the action is commenced.
• The physical and emotional condition of each spouse.
• The educational background of each spouse together with the need of each spouse for additional education or training.
• The employment history and earning potential of each spouse.
• The standard of living established during the marriage.
• The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.
• The current and reasonably anticipated earnings of each spouse.
• The current and reasonably anticipated needs of each spouse.
• The marital and non-marital property of each spouse.
• Custody of the children, particularly where it affects the employment of the custodial parent.
• Marital misconduct or fault for the break-up of the marriage.
• The tax consequences of any Order of alimony.
• The existence of other support obligations of the parties.
• Such other relevant factors as the court deems equitable and proper.
COMMON LAW MARRIAGE:
Our attorneys can explain the intricacies of common law marriage in South Carolina. As a matter of fact, Jason P. Boan, the owner of the law firm, argued one of the last and most influential case regarding common law marriages in South Carolina, Tarnowski v. Lieberman, 348 S.C. 616, 560 S.E.2d 438 (SC 2002).
ADOPTIONS:
Adoption actions are some of the most rewarding cases we undertake at the Boan Law firm, but they are not without their pitfalls. Adopting a child is a complicated process that requires that everything is done precisely and correctly in order to satisfy the requirements of the law. Our attorneys are experienced in adoptions and can help guide you through this confusing procedure.
WORKERS COMPENSATION – CAN LOOK MANY DIFFERENT WAYS
Have you been injured at work or on the job? Have you become sick because of your job? Then you may be entitled to financial compensation - no matter whose fault it is. Many workers fail to receive the benefits they deserve. While most employers in South Carolina are legally required to carry Workers' Compensation insurance, injured employees are often intimidated or confused by greedy insurance companies. Don't let it happen to you.
If you suffered an injury or illness at work and you are having trouble getting the compensation you deserve, our law firm can help. We work to get you the full benefits you deserve while ensuring you have the resources to recover from your injuries as quickly as possible. Workers’ Compensation benefits cover a variety of injury or illness-related expenses. This includes a percentage of your lost wages, the cost of your medical care, any related prescription medications, prescribed rehabilitation or physical therapy, mileage to receive treatment, permanent impairment, and similar expenses.
If you believe you have a Worker’s Compensation claim, or are even unsure and would like to speak with an attorney about it, please do not hesitate to give us a call. As always, our consultations are free and we will endeavor to answer any questions that you may have.
CIVIL LITIGATION
We represent our clients, as both Plaintiffs and Defendants, in matters involving contract disputes, construction defects, business torts, and various other types of civil litigation. From the drafting of Complaints and Answers, through the discovery process, all the way through trial and appeal, the Boan Law Firm can help you in practically any legal situation. If you have a dispute with someone over any type of commercial or financial transaction, give us a call and schedule an appointment to come in and speak with us. Our consultations are free and we will be happy to go over your situation and answer any questions you might have.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. For more information call the Boan Law Firm at (843) 232-0750 to determine the best course of action for your situation.