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Laws Pertaining to Domestic Violence

Domestic Violence is a Crime…

The Criminal Domestic Violence Act
This act makes it unlawful to cause physical harm or injury to a person's own household member or to threaten or attempt to cause harm or place them in imminent peril. There are three levels of the charge of Criminal Domestic Violence. The first two charges are handled in a magistrate's court or city court, and there is normally an increasing fine, but no jail time involved. The third charge goes to the Solicitor's Office and is prosecuted in General Sessions Court where there is usually a prison sentence handed down and/or a substantial fine. Any judge may suspend a fine or jail term in lieu of the offender attending a batterer's treatment program. The victim may also attend the program, and the abuser can be ordered to pay for both parties.

There is a fairly new charge of Criminal Domestic Violence of a High and Aggravated Nature. An officer can make this charge even if it is a first offense, if the crime shows features of the charge of Assault and Battery of a High and Aggravated Nature. This charge goes before General Sessions Court with the Solicitor's Office prosecuting.

No Trespass Orders, Restraining Orders, Orders of Protection
These are three terms that you will encounter, and may even be asked about as you talk to victims in crisis. Following is an explanation of each them and its use in cases of Domestic Violence.

No Trespass Orders only bar a person from trespassing on certain property. These orders are not intended for domestic violence because a wife CANNOT obtain a No Trespass Notice against her husband. A non-family member must obtain the order. Employers frequently obtain No Trespass Notices to stop someone from harassing employees while they are at work.

Restraining Orders can be obtained by local Magistrates and are usually incorporated in divorce decrees or separation papers. As such, they are a matter of civil law, not criminal law, meaning NO ARREST CAN BE MADE FOR VIOLATION! The victim can go back to her attorney (for a fee) and the attorney can file contempt charges for violation of the restraining order. A court date will be set as soon as possible, but that court date could be in 2 or 3 months. If the judge finds that the restraining order has been violated, a fine and/or jail sentence may be imposed.

Orders of Protection provide the maximum legal protection under South Carolina law. The Protection from Domestic Abuse Act created the Order of Protection (OP). An OP is issued in Family Court and can apply to a spouse or other family member, a boyfriend, or a girlfriend who are, or have been, cohabiting. NO LAWYER is necessary as the Family Court VICTIM ADVOCATE will assist with the paperwork and should walk the victim through the process. Court dates for OP hearings are set quickly, usually within 5 to 10 business days from the date of filing. Once the order is issued, the OP provides 24-hour protection no matter where the petitioner travels, can last up to one year, and most importantly provides for severe criminal penalties (arrest) for violation of the order. The OP can also address such issues as who gets the marital property (house, apartment, etc.), temporary child support/alimony, child custody, and retrieval of personal belongings.