Domestic Violence is a Crime
Domestic violence is a serious crime, particularly in South Carolina. According to the Violence Policy Center, South Carolina ranks number five (5) in the nation of women murdered by men. South Carolina has ranked in the top ten (10) in the last twenty years. South Carolina’s continued presence at the top of the list of most dangerous states as it relates to Domestic Violence demonstrates how much work our state still has to do to get this public health crisis under way.
If you are a victim of Domestic Violence, you may need an attorney’s help to ensure that you are safe and that your abuser is prosecuted. Victims of Domestic Abuse are protected under the “Protection from Domestic Abuse Act.” This means that victims are entitled to seek relief from the court in the form of a Protection Order –an “order of protection.” To qualify for protection from abuse through the Court, the victim must have suffered either physical harm, bodily injury, assault, threat of physical harm, or sexual criminal offenses committed against a family or household member by a family or household member.
In South Carolina, Domestic Violence involves causing physical harm or injury to a household member or threatening to or attempting to cause physical harm or injury to a household member with the apparent present ability under the circumstances, reasonably creating fear or imminent peril.
In South Carolina, Domestic Violence involves causing physical harm or injury to a household member or threatening to or attempting to cause physical harm or injury to a household member with the apparent present ability under the circumstances, reasonably creating fear or imminent peril.
Household Member means:
Orders of Protection
The Court must have jurisdiction to hear the case. An action for an order of protection must be filed in the county in which: a) the alleged act of abuse occurred, b) the petitioner resides or is sheltered, unless the petitioner is a nonresident of the state, c) the respondent resides, unless the respondent is a nonresident of the state, or d) the parties last resided together.
The victim/ petitioner must file a petition for an order of protection with the Family Court. After the court reviews the petition, a hearing will be scheduled – either an emergency 24-hour hearing or a standard hearing to be held within 15 days. These hearings can be extremely uncomfortable and intimidating for victims when facing their abusers.
You do not have to do it alone! Let us help you fill out the petition and represent you at the order of protection hearing. If you are successful, you will be granted an order of protection for six (6) months to one (1) year, which will prevent your abuser from: abusing, threatening to abuse, or molesting you or the person on whose behalf the petition was filed. It can also prevent the abuser from communicating with you or attempting to communicate with you directly or through a third party, and from entering or attempting to enter your place of residence, employment, education, or other location as the court may order.
Additional relief may be requested such as: custody of the children you have in common, visitation, child support, and spousal support if you are married.
If your abuser violates the provisions of the order of protection, it is a criminal act that is punishable by thirty days in jail or a fine of two hundred dollars or may constitute contempt of court punishable by up to one year in jail and/or a fine not to exceed fifteen hundred dollars.
Restraining Orders
Not every case will qualify for an Order of Protection due to a lack of the physical violence or threat of physical violence. However, in instances where either an intimate partner or a stranger is harassing you or stalking you, you may seek a Restraining Order from the Magistrate Court.
Housing and Employment Discrimination
Domestic Violence often times can affect a victim’s rights to reside safely in their homes or to maintain their employment. Victims suffer from discrimination from their landlords who may ask them to vacate their apartments due to the domestic violence or the employers terminate their employment for the same reason. Victims dealing with these issues should be aware that they are protected by the Violence Against Women’s Act (VAWA).
If you are a victim of domestic violence, we want to support you in any way we can. Let us help you. Give us a call for assistance with these difficult matters.
If you are a victim of domestic violence, we want to support you in any way we can. Let us help you. Give us a call for assistance with these difficult matters. Fill out the Protection Order Questionnaire below before your scheduled OP consultation to allow us to process your Order of Protection petition with more expediency. This will help us complete your request much faster.