Domestic Violence

Domestic violence is a pattern of coercive interactions between current or former spouses, partners, boyfriends or girlfriends, accompanied by emotional or abusive behavior.  Domestic violence is defined as a course of conduct on the part of the offending spouse/person, which was so unkind, unfeeling or brutal as to endanger or put one in reasonable apprehension of danger to life, limb or health.  Domestic violence may affect divorce and child custody actions.

States have various laws with respect to the prosecution of abusers. Depending on the severity of the abuse, the abuser may be charged with various different crimes including assault, battery, sexual assault, and rape.

Special legal processes are available in South Carolina under the Protection from Domestic Abuse Act.  The Court can schedule a hearing within forty-eight (48) hours upon a proper showing of Domestic Abuse.

SC § 20-4-10 et seq:

• May be made by any household members in need of protection;
• May be made by any household member on behalf of a minor in the household;
• Must state the specific time, place, details of the abuse, and other circumstances upon which relief is requested;
• Must be verified

Orders of protection may enjoin a spouse/person from abusing, threatening to abuse, molesting, communicating, entering or attempting to enter the petitioner’s place of residence, employment or other location as the court may order.

 Related topics: Divorce, Alimony & Support