At the Bruce Law Firm, we understand the sensitive nature and complexity surrounding domestic violence cases in South Carolina. With a deep commitment to providing compassionate legal support, our Rock Hill domestic violence attorney is dedicated to advocating for the rights and wellbeing of individuals affected by domestic violence. We strive to guide our clients through the legal process with empathy and expertise, working tirelessly to achieve favorable outcomes and promote a safer community. Trust the Bruce Law Firm to be your unwavering advocate in your domestic violence case.
What Constitutes Domestic Violence in South Carolina?
In South Carolina, domestic violence refers to any situation where an individual causes physical harm or injury to a “household member.” A person can also be charged with domestic violence when they threaten or attempt to cause physical harm or injury to a “household member,” and in doing so, they reasonably create fear of imminent peril.
A “household member” means:
- Former spouse
- Person with whom the alleged offender has a child in common, or
- Person of the opposite sex with whom the alleged offender lives with or formerly lived with.
Our Rock Hill domestic violence lawyer is experienced in handling domestic violence cases. He can review every aspect of your case and develop the best strategy to achieve the best possible outcome.
He fought for me all the way through the end of my case and was very responsive when I had inquiries along the way.Brandon A.
- Easily Accessible to Clients
- Former Criminal Prosecutor
- Personalized Strategy for Each Case
- Over 25 Years of Diverse Professional Experience
South Carolina has the Protection from Domestic Abuse Act. Under this law, a person can petition Family Court for a protection order against a household member. Relief under this section may be made by any household members in need of protection or by any household members on behalf of minor household members.
What are the Penalties for Violating a Protection Order?
Violating a protection order is a criminal offense punishable by: up to thirty days in jail or a fine of $200. A violation may constitute contempt of court, punishable by up to one year in jail and/or a fine of up to $1,500.
Key Stipulations in an Order of Protection
An order of protection may contain several stipulations, including:
- Temporarily prohibit a person from abusing, threatening to abuse, or molesting the petitioner;
- Temporarily prohibit the person from communicating with the petitioner;
- prohibiting the person from entering or attempting to enter the petitioner's place of residence, employment, education, or other location;
- awarding temporary custody and temporary visitation rights with regard to minor children;
- Direct the person to pay temporary financial support for the petitioner and minor children;
- Prohibit the transferring, destruction, encumbering, or otherwise disposing of real or personal property mutually owned; and
- Provide for temporary possession of the parties' personal property, including pet animals, and order assistance from law enforcement officers in removing the petitioner's personal property.
Contact Bruce Law Firm today to start your defense with our Rock Hill domestic violence attorney!
The primary domestic violence offenses in South Carolina are classified by degree based on the seriousness of the allegations and the presence of aggravating factors. The most serious specific domestic violence charge is domestic violence of a high and aggravated nature, SC Code 16-25-65.
The potential penalties for domestic violence offenders include:
- Domestic violence in the third degree – Misdemeanor carrying a fine not less than $1,000 or more than $2,500, imprisonment not more than 90 days, or both.
- Domestic violence in the second degree – Misdemeanor carrying a fine not less than $2,500 or more than $5,000, imprisonment for not more than three years, or both.
- Domestic violence in the first degree – Felony carrying imprisonment for up to 10 years.
- Domestic violence of a high and aggravated nature – Felony carrying imprisonment up to 20 years.
Under South Carolina law, some of the domestic violence aggravating factors include violating a protection order, prior convictions of domestic violence, the offense committed by impeding the victim's breathing or airflow, and the offense committed in the presence of, or while being perceived by, a minor.
Contact Bruce Law Firm today to schedule a FREE consultation with our domestic violence lawyer in Rock Hill!