South Carolina Domestic Violence Laws

South Carolina has comprehensive legislation to address domestic violence through criminal penalties and civil protections. The South Carolina Protection from Domestic Violence Act is designed to protect victims and hold offenders accountable.

If you or someone you know is experiencing domestic violence, seek immediate help. You can contact any of the following hotlines:

• South Carolina Coalition Against Domestic Violence and Sexual Assault (SCCADVASA) at 1-800-260-9293
• National Domestic Violence Hotline at 1-800-799-SAFE (7233)

In this article, we'll explain South Carolina's laws related to domestic violence, including how it's defined, penalties, and protective orders.

Understanding Domestic Violence Laws in South Carolina

In South Carolina, domestic violence cases are mainly governed by the Protection from Domestic Abuse Act. This comprehensive law establishes both the protections for victims of domestic abuse and the criminal penalties for those found guilty of domestic violence offenses.

Definition of Domestic Violence

South Carolina laws define domestic violence as assault, bodily injury, physical harm, or other threat of physical harm committed against a household member. We'll explain who the state considers "household members" below.

The state also recognizes three degrees of domestic violence. Each of them has distinct elements and penalties.

Definition of Household Member

Under the South Carolina Code, household members are any of the following:

• Current or former spouses
• Persons who have a child in common
• A male and female who are living together or previously lived together

This definition of a household member is notably different from other states in several ways:

• It excludes other family members who might live in the same home, such as siblings and grandparents.
• It does not address abuse that occurs between people in an intimate relationship who are not living together. This is sometimes called "dating violence" or "intimate partner violence" in other states.
• It does not explicitly cover abuse between same-sex couples who live together. But, in 2017, the South Carolina Supreme Court held that family courts cannot deny orders of protection to people in same-sex relationships based on the "male and female" language.

People experiencing abuse that does not fall under South Carolina's definition of domestic violence still have options. Victims of certain crimes can seek a restraining order, and prosecutors can still bring charges such as assault or battery.

Criminal Classifications

South Carolina recognizes three degrees of domestic violence. They are categorized based on their severity and other circumstances surrounding the case. The table below lays out the elements of each charge and its penalties.

Aggravating Factors

Prosecutors can also increase the severity of a domestic violence charge if certain factors are present.

For example, let's say someone commits an act of abuse that falls under second-degree domestic violence. But one of the following factors exists:

• A minor was present at the time
• They knew or should have known the victim was pregnant
• The abuse occurred during the commission of a robbery, burglary, kidnapping, or theft
• The abusive act impeded the victim's breathing or airflow
• They used physical force or threats of force to prevent the victim from calling law enforcement or emergency medical services
• The alleged abuser is in violation of a protective order

In this case, the charge would increase to first-degree domestic violence. Similarly, an act of third-degree domestic violence can increase to a second-degree charge under the circumstances listed above.

Mandatory Arrest

Some states require police to make an arrest whenever they respond to a domestic violence call. S.C. Code § 16-25-70 allows law enforcement officers to make an arrest, with or without a warrant, when there is probable cause that a person committed or is committing domestic violence. They can arrest the alleged offender even if the act did not happen in their presence.

However, state law does not require a mandatory arrest.

If they receive conflicting complaints from the same household, police will investigate to determine who is the "primary aggressor." When doing so, they can look at various factors, including:

• Prior complaints
• Severity of injuries
• Likelihood of future injury
• Self-defense claims
• Any history of domestic violence

If police determine one person is the primary physical aggressor, they cannot arrest the other party (even if the primary aggressor accuses them of something).

Protective Orders

South Carolina family courts issue orders of protection to address domestic violence. The magistrate courts can issue restraining orders to help victims of harassment, stalking, and other crimes that do not fall under domestic violence.

A standard order of protection can provide comprehensive safeguards for the victim. They temporarily restrain the alleged abuser from further threats or abuse. It also often prohibits the alleged abuser from contacting the victim and accessing the victim's residence, workplace, or other locations.

This type of order of protection can also address practical matters such as:

• Granting temporary custody and visitation rights for minor children
• Ordering temporary financial support
• Granting temporary possession of the shared residence
• Protecting pet animals owned by either party
• Prohibiting property transfer or disposal
• Awarding attorney's fees and costs

There are no filing fees for South Carolina protective orders. For more details, see South Carolina Protective Order Laws.

Duration of Protection Order

Protection orders are valid for a fixed period ranging from six months to one year. But the victim (petitioner) can seek an extension of these orders if they show good cause, with notice to the other party. The alleged abuser (respondent) also has a right to request a hearing within 30 days of the expiration date.

The court can also terminate the order with the consent of both parties.

Penalty for the Violation of Protection Order

Violation of a protection order carries consequences and fines. South Carolina laws consider it a criminal offense punishable by up to 30 days of prison term and a fine of up to $200. It can also lead to a contempt of court charge, which can result in one year of imprisonment or a fine of $1,500 or both imprisonment and fine.

Firearms Restrictions

Those with a domestic violence conviction can face restrictions on their ability to buy and possess firearms. The court may impose:

• A lifetime ban for high and aggravated domestic violence convictions
• A ten-year prohibition for those convicted of first-degree domestic violence charges
• A three-year prohibition for lower domestic violence charges

The federal Domestic Violence Offender Gun Ban can also apply.

Seek Legal Advice

If you or someone you know is a victim of domestic violence, you can seek immediate help by calling 911 or your local authorities.

You can also contact the following hotlines online or by phone for support and guidance:

• South Carolina Coalition Against Domestic Violence and Sexual Assault (SCCADVASA) (1-800-260-9293)
• National Domestic Violence Hotline (1-800-799-SAFE (7233))

These hotlines can connect you to local resources and legal assistance. Once you're in a place of safety, consider your legal options and protections.

Seeking orders of protection or other legal safeguards can be overwhelming. A family law attorney can help you get one and plan for your long-term safety.

If you're facing criminal charges related to domestic violence, contact a criminal defense attorney to protect your rights and understand your legal options.