South Carolina Domestic Violence Laws

South Carolina's domestic violence laws carry stiff penalties for anyone who harms or threatens to harm their own household member. The law also imposes firearm restrictions for felony-level offenses and some lower-level crimes. Read on to learn more.

What Is Domestic Violence in South Carolina?

South Carolina law defines what constitutes domestic violence—what acts and by whom. Domestic violence includes acts of physical harm or threatened harm against a "household member."

Defining Household Members

The law defines "household members" to include:

• current and former spouses
• persons who share a child, and
• persons who are living together or have lived together.

The statute currently refers to "males and females" who live together, but the South Carolina Supreme Court found this reference unconstitutional in Doe v. State. (808 S.E.2d 807 (S.C. 2017).) The judicial branch website now refers to "persons," which include same-sex couples.

Defining Domestic Violence

A person commits domestic violence by:

• causing physical harm or injury to a household member, or
• attempting or trying to cause physical harm or injury to a household member.

When the crime involves an attempt, the prosecutor must prove the defendant had the present ability to commit the harm and the circumstances created a reasonable fear of immediate harm to the victim.

Domestic Violence Crimes

The state divides domestic violence offenses into four degrees or levels:

• third-degree domestic violence
• second-degree domestic violence
• first-degree domestic violence, and
• domestic violence of a high and aggravated nature.

It's also a misdemeanor crime to violate the terms of a domestic abuse order of protection.

(S.C. Code § 16-25-20 (2023).)

What Are the Penalties for Domestic Violence in South Carolina?

South Carolina law imposes increasing penalties for domestic violence crimes based on the level of harm inflicted or risk of harm, the defendant's criminal history, and whether a weapon was involved. Tougher penalties also apply when a person commits domestic violence:

• while violating a protection order
• in the presence of a minor
• against a pregnant victim (knowingly)
• while committing robbery, burglary, kidnapping, or theft
• by impeding the victim's breathing or airflow, or
• while trying to prevent the victim from making an emergency call or text.

In the penalties sections below, you'll find references to these bulleted factors.

Penalties for Third-Degree Domestic Violence in South Carolina

A person commits third-degree domestic violence by:

• causing physical harm or injury to a household member, or
• attempting or trying to cause physical harm or injury to a household member.

This offense carries a misdemeanor penalty of up to 90 days in jail and a $1,000 to $2,500 fine.

(S.C. Code § 16-25-20 (2023).)

Penalties for Second-Degree Domestic Violence in South Carolina

Domestic violence increases to a second-degree offense if any of the following circumstances apply:

• it's the defendant's second domestic violence offense in 10 years
• the defendant's actions caused or could have likely caused "moderate bodily injuries," or
• the offense involved any of the factors listed above (such as violating a protective order, harming a pregnant victim, and so on.)

Penalty. For a second-degree domestic violence conviction, a person will face a misdemeanor penalty of up to three years of jail time and a $2,500 to $5,000 fine.

Moderate bodily injury. Examples of moderate bodily injuries include broken bones, dislocated joints, prolonged loss of consciousness, and injuries requiring surgery, stitches, or other treatment with local or general anesthesia.

(S.C. Code § 16-25-20 (2023).)

Penalties for First-Degree Domestic Violence in South Carolina

A domestic violence offense becomes a felony—a first-degree crime—if any of the following circumstances apply:

• it's the defendant's third domestic violence offense in 10 years
• the defendant's actions caused or could have likely caused "great bodily injuries"
• the defendant used a firearm in any way, or
• the defendant committed second-degree domestic violence and the offense involved any of the factors listed above (such as violating a protective order, harming a pregnant victim, and so on.)

Penalty. A conviction for first-degree domestic violence carries up to 10 years of prison time.

Great bodily injury. Great bodily injuries involve a substantial risk of death (such as a gunshot or stab wound or punch to the back of the head) or result in permanent disfigurement or a protracted loss of an organ or body part (such as losing vision in an eye).

(S.C. Code § 16-25-20 (2023).)

Penalties for Domestic Violence of a High and Aggravated Nature in South Carolina

The harshest penalty—a maximum 20-year felony—applies to domestic violence of a high and aggravated nature (DVHAN).

A person commits DVHAN by:

• violating a protection order and, in the process, committing first-degree domestic violence, or
• committing domestic violence under circumstances that show an "extreme indifference to the value of human life," which did or could have likely resulted in great bodily injury.

A person acts with extreme indifference to human life by committing domestic violence:

• while using a deadly weapon (pistol, knife, metal knuckles, or other objects used with deadly force)
• by strangling the victim and causing a stupor or loss of consciousness
• in the presence of a minor
• against a pregnant woman (knowingly)
• while also committing robbery, burglary, kidnapping, or theft, or
• by using physical force to prevent the victim from calling or texting 911.

DVHAN is considered a crime of violence.

(S.C. Code § 16-25-65 (2023).)

Firearm Restrictions in South Carolina Domestic Violence Cases

South Carolina law prohibits possession of a firearm or ammunition by any person convicted of DVHAN or felony domestic violence. The DVHAN prohibition lasts for life. For felony domestic violence, the prohibition lasts 10 years from the date of conviction or release from confinement (whichever is later). For a violation of this prohibition, the person faces up to five years in prison.

Judges can also impose firearm prohibitions for other domestic violence offenses under certain conditions. Violations carry misdemeanor penalties.

(S.C. Code § 16-25-30 (2023).)

Getting Legal Help

If you're arrested for, or facing charges of, domestic violence, contact a local criminal defense attorney. Even misdemeanor domestic violence charges carry serious consequences, including restraining orders, jail time, and possible firearm restrictions. A lawyer can help you understand the criminal legal process, protect your rights, and zealously defend your case.