South Carolina Domestic Violence Reform Act

On June 4, 2015, Governor Nikki Haley signed the South Carolina Domestic Violence Reform Act into law.  The law drastically changes South Carolina domestic violence law.  I have updated my domestic violence webpage to reflect the primary changes, but it can also be found below:

Definition – On or After June 4, 2015

Under the Domestic Violence Reform Act, it is unlawful to cause physical harm or injury to a person’s own household member; or offer or attempt to cause physical harm or injury to a person’s own household member with apparent present ability under circumstances reasonably creating fear of imminent peril.

Penalties – On or After June 4, 2015

The Domestic Violence Reform Act also created new penalties.   A person is guilty of Third Degree Domestic Violence, if they commit an act as listed above.  The potential fine is $1000-$2000, and the maximum potential jail time is ninety (90) days.  These charges are handled in magistrate court.

A person is guilty of Second Degree Domestic Violence, if they commit an act as listed above and one of the following circumstances also exist:  moderate bodily injury, a protection order is violated and an the act qualifies as a Third Degree Domestic Violence, one prior conviction for domestic violence in the past ten years, a Third Degree act was committed and a child is present, or the victim is pregnant.  The potential fine is $2500-$5000, and the maximum potential jail time is three (3) years.

A person is guilty of First Degree Domestic Violence if they commit an act as listed above and one of the following circumstances also exist:  great bodily injury, a protection order is violated when committing a Second Degree offense, a firearm is used, or if a child is present while committing a Second Degree offense.   The charge is a felony and the maximum potential jail time is ten (10) years.

Other Implications

The Domestic Violence Reform Act also places new prohibitions on gun possession as well as open avenues for Orders of Protection (Restraining Orders).  I will touch upon these issues in more detail in future blogs.

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Please remember that each case is unique. If you have any questions about Domestic Violence or criminal law in general, we urge you to contact us.  In order to be flexible and convenient, we have open office hours, easy appointment scheduling, and payment plans available. Call today and schedule your free confidential consultation.

Our law office serves people across the Upstate, South Carolina, including: Greenville, Spartanburg, Anderson, Pickens, Laurens, and Oconee counties.