Domestic Violence in South Carolina Family Law Cases
Domestic violence shapes family court cases in ways that affect custody, support, possession of the home, and personal safety. South Carolina law gives victims access to an Order of Protection through family court, separate from any criminal case, and a domestic violence finding can directly affect the terms of a divorce, custody, or related action. Our Summerville family law attorneys at Gil Gatch Law help clients pursue protection and integrate it into the broader case.
The Protection from Domestic Abuse Act
South Carolina’s Protection from Domestic Abuse Act allows a victim to petition the family court for an Order of Protection. The civil order is separate from any criminal charges, although the same conduct can support both.
What Counts as Domestic Abuse
Under § 20-4-20, domestic abuse includes:
- Causing physical harm or bodily injury to a household member
- An attempt to cause physical harm or bodily injury, with the present ability to do so, that places the household member in reasonable fear of imminent physical harm
- A sexual criminal offense committed against a household member
- Threatening to cause physical harm or bodily injury to the household member
Who Qualifies as a Household Member
The Act applies to abuse between:
- Current or former spouses
- Persons who have a child in common
- Persons who are or have cohabited
Although the statutory text still refers to “a male and female who are cohabiting or formerly have cohabited,” the South Carolina Supreme Court held that the household member definition applies to all unmarried cohabiting or formerly cohabiting couples regardless of gender. Same sex cohabitants are protected under the Act, even though the statutory language has not been amended.
Where South Carolina Law Still Falls Short
The Civil Protection from Domestic Abuse Act does not currently cover dating partners who have never lived together. South Carolina has been among a small number of states that do not extend civil Order of Protection coverage to dating partners. Legislation expanding the definition has been introduced in recent sessions. Other avenues of relief may still be available to dating partners, including:
- Restraining orders for harassment or stalking through the magistrate’s court
- Criminal no contact orders entered as bond conditions if charges are filed
- General civil restraining or injunctive relief in the Court of Common Pleas
The Order of Protection Process
After a verified petition is filed, the family court schedules a hearing, and the respondent is served with notice. At the hearing, the petitioner bears the burden of proof by a preponderance of the evidence (more likely than not), which is a lower standard than the criminal beyond a reasonable doubt standard. In appropriate circumstances, the court may also issue a temporary ex parte order pending the full hearing.
What an Order of Protection Can Include
- No contact with the petitioner
- Possession of the shared residence by the petitioner, even when the respondent has an ownership interest
- Temporary custody and visitation, with restrictions or supervision as appropriate
- Temporary child support
- Temporary spousal support
- An award of attorney fees
- Other relief tailored to the facts of the case
How a Domestic Violence Finding Affects a Family Law Case
Even after the order of protection itself, a domestic violence finding (or admitted conduct) bears heavily on:
- Custody and visitation, where the child’s safety is the touchstone
- Alimony, particularly when the abuse contributed to the breakdown of the marriage
- Possession of the residence pending a final hearing
- Attorney fees and other equitable considerations
Reach Out for Help
At Gil Gatch Law, our Summerville family law attorneys help clients pursue Orders of Protection where appropriate and integrate the protection issue into the broader divorce or custody case. If you are in immediate danger, call 911. To discuss your case, call 843-800-2020 or contact us online.