What is South Carolina Criminal Domestic Violence?

South Carolina's criminal domestic abuse (CDV) law can be found in S.C

. Code 16-25-10, et seq. This law makes it illegal to cause physical harm or offer to cause personal harm to a household member. This is a criminal statute and prosecution only begins after an arrest.

The first thing to understand is what exactly is meant by a household member. The law defines a household member as a spouse, former spouse, persons with a child in common or a male and female who are now or who have previously cohabitated. Becoming a household member pursuant to the CDV statute is permanent; this status cannot be undone by living apart for an extended period of time or having the child reach 18. The exact definition of cohabitation is not defined in the statute, but is generally understood as repeatedly spending the night (even if both parties maintain other separate legal addresses).

The physical harm requirement can be satisfied through any unwanted physical contact, no matter how slight. There is no requirement that an individual be cut, bruised, scratched or have to seek medical attention. An offer to cause physical harm can be just verbal if there exists enough opportunity to cause physical harm and the threat causes fear of the harm. If no household relationship exists the equivalent criminal charge would be simple assault.

The penalties for a first offense criminal domestic violence (CDV) conviction in South Carolina is up to 30 days in jail and/or $5,000 and/or 6 months of counseling. This is a misdemeanor and is prosecuted either in a Municipal or a Magistrate level Court. Subsequent CDV charges are brought in the Court of General Sessions and may carry up to five years imprisonment.

What is South Carolina Criminal Domestic Violence?

By: James R. Snell, Jr.

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