Domestic violence remains a serious criminal offense in South Carolina, with the state implementing comprehensive legislation to protect victims and hold offenders accountable. South Carolina has developed a multi-tiered approach to these crimes by creating distinct degrees of charges based on the severity of the incident and the circumstances involved.
South Carolina domestic violence laws have evolved significantly over the years, with recent legislative updates continuing to strengthen protections for victims. These statutes address not only physical harm but also threats and intimidation that create fear within domestic relationships. The state recognizes that domestic violence affects entire communities and has structured its legal framework accordingly.
Our experienced Greenville domestic violence lawyer explains the laws surrounding these charges.
Legal Definition of Domestic Violence
South Carolina law defines domestic violence as unlawfully causing bodily injury or harm to a household member. This definition encompasses both actual physical violence and credible threats that instill genuine fear in the victim.
The key element distinguishing domestic violence from other assault charges lies in the relationship between the parties involved. SC domestic violence laws specifically target violence between individuals who share certain intimate or familial connections. The state recognizes that violence within these relationships carries unique dynamics and requires specialized legal treatment.
Who Qualifies as a Household Member
South Carolina defines household members as current or former spouses, individuals who live together or have lived together, and people who have children in common. This definition also extends to dating relationships and other intimate partnerships, even when the parties do not share a residence.
The law recognizes several categories of relationships that fall under domestic violence statutes:
- Current or former spouses and their children
- People who currently live together or have cohabited in the past
- Individuals who share biological or adopted children
- People involved in dating relationships, regardless of living arrangements
Recent legislative proposals have sought to further clarify and expand these definitions, particularly regarding dating relationships and the protection of minors within these situations.
The Three Degrees of Domestic Violence
Domestic violence laws in South Carolina establish three distinct degrees of charges, each carrying different penalties and long-term consequences. This tiered system allows the justice system to match punishments with the severity of the offense while ensuring appropriate consequences for all levels of domestic violence.
- Third Degree Domestic Violence: Third-degree domestic violence involves causing bodily injury or harm to a household member, or attempting to cause such harm. This represents the least severe category but still carries significant penalties and consequences. The offense is classified as a misdemeanor, punishable by up to 90 days in jail and fines ranging from $1,000 to $2,500. Despite being the lowest level charge, a conviction still results in a permanent criminal record and triggers federal firearms restrictions.
- Second Degree Domestic Violence: Second-degree charges represent an escalation in severity and typically involve circumstances that elevate the offense beyond simple assault. Second-degree domestic violence is a misdemeanor carrying penalties of up to three years in prison and fines between $2,500 and $5,000. These charges often apply when the defendant has previous domestic violence convictions within the past 10 years. The enhanced penalties reflect the state’s recognition that repeat offenses indicate a pattern of dangerous behavior requiring more substantial intervention.
- First Degree Domestic Violence: First-degree domestic violence represents the second-most severe domestic violence charge in South Carolina, classified as a felony offense. This charge typically involves situations where the violence causes significant bodily injury or occurs under particularly egregious circumstances. First-degree convictions carry substantially longer prison sentences and higher fines than lower-degree charges. The felony classification also triggers additional long-term consequences, including permanent loss of voting rights and enhanced penalties for future criminal charges.
Domestic Violence of a High and Aggravated Nature (DVHAN)
The most serious domestic violence charge in South Carolina is Domestic Violence of a High and Aggravated Nature.
DVHAN is a felony carrying penalties of up to 10 years in prison, along with mandatory treatment and rehabilitation requirements.
This charge applies in cases involving:
- Great bodily injury to the victim
- Use of a deadly weapon during the assault
- Violence committed in the presence of minor children
- Strangulation or suffocation attempts
DVHAN charges reflect the state’s recognition that certain domestic violence incidents pose extreme danger to victims and require the most severe criminal penalties available.
Consequences Beyond Criminal Penalties
Domestic violence convictions in South Carolina trigger consequences that extend far beyond jail time and fines. Even the least serious domestic violence conviction prohibits gun ownership and concealed weapon permits under both South Carolina and federal law. This firearms restriction applies regardless of whether the charge gets reduced to simple assault and battery.
Additional consequences include mandatory participation in batterer intervention programs, protective orders that restrict contact with victims, and potential impacts on child custody arrangements. Professional licenses may also face suspension or revocation following domestic violence convictions.
Protective Orders and Civil Remedies
South Carolina provides civil remedies for domestic violence victims through its protective order system. These orders can provide immediate relief while criminal cases proceed through the courts.
Victims can seek emergency protection orders that take effect immediately, followed by longer-term orders after court hearings.
The state has recently considered legislative changes to expand who can seek protective orders on behalf of minor victims, recognizing that children often cannot advocate for themselves in dangerous domestic situations.
Recent legislation introduced in 2025 seeks to amend South Carolina’s domestic violence definitions, particularly regarding household members and dating relationships. These proposed changes reflect ongoing efforts to strengthen protections for victims and close potential gaps in current law.
The legislature has also addressed domestic violence in rental housing situations, recognizing that victims sometimes face additional challenges when seeking to escape dangerous living situations with abusive partners.
Seek Legal Help from a Greenville Criminal Defense Lawyer
South Carolina domestic violence laws represent a comprehensive approach to addressing intimate partner violence and protecting victims throughout the state. These statutes recognize the unique dangers present in domestic violence situations while providing a range of criminal penalties proportionate to the severity of each offense.
If you are facing domestic violence charges in South Carolina, the experienced Greenville criminal defense attorney at Hellams Law, LLC, can help protect your rights and guide you through the legal process. Contact us today for a confidential consultation to discuss your case and explore your legal options.
