Who Can Be a Victim of Domestic Violence?
Virtually anyone can be the victim of domestic violence in South Carolina, but the relationship between the accused and the victim is a primary element of the offense. Domestic violence cases involve legal intricacies that can be very difficult to predict, which makes reaching out for the skilled legal guidance of a South Carolina domestic violence defense attorney an important first step.
Domestic Violence Charges in South Carolina
Domestic violence laws in South Carolina make it illegal to physically harm or to credibly threaten physical harm to someone with whom you share a uniquely close relationship. While idle threats don’t qualify, a serious threat that causes the other person to genuinely fear you can support a domestic violence charge.
The two primary elements of South Carolina domestic violence charges include the following:
- The required relationship component is met, which we’ll explore further
- A victim was injured or was genuinely afraid that they would be injured
Each of these applies to every classification of domestic violence charge in the state.
The Required Relationship
For a domestic violence charge to apply, one of the following relationships must be established:
- You are currently married or were married in the past.
- A heterosexual partner with whom you are currently cohabitating or with whom you cohabitated in the past
- Someone with whom you share a child
Same-Sex Couples Who Live Together but Aren’t Married
While married same-sex couples can bring domestic violence claims against one another, the wording is far less clear when it comes to same-sex couples who aren’t married but either currently live together or have lived together in the past. The South Carolina Supreme Court ruled on the matter in 2017 and deemed it unconstitutional not to extend domestic violence protections to same-sex partners who are currently cohabitating or who cohabitated in the past.
Those in a Dating Relationship
It’s important to note that South Carolina is one of only a handful of states that doesn’t extend domestic violence protections to those in dating relationships – whether current or past. There is, however, a bill in the works that – if passed – would align the state with these protections.
Degrees of Domestic Violence Charges
In South Carolina, domestic violence charges are divided into four basic degrees.
Third-Degree Domestic Violence
A third-degree domestic violence charge is a criminal misdemeanor that carries up to 90 days in jail, and it involves harming or credibly threatening to harm the victim.
Second-Degree Domestic Violence
Second-degree domestic violence relates to causing more serious injury or credibly threatening to do so. A conviction carries up to 3 years in prison and fines of up to $5,000.
First-Degree Domestic Violence
First-degree domestic violence relates to causing great bodily injury or credibly threatening to do so, and a conviction carries up to 10 years in prison.
Domestic Violence of a High and Aggravated Nature
Domestic violence of a high and aggravated nature (DVHAN) relates to domestic violence charges when the accused is claimed to have exhibited an extreme indifference to the value of human life. A conviction carries up to 20 years in prison.
You Need an Experienced South Carolina Domestic Violence Defense Lawyer on Your Side
Matthew Swilley at Swilley Law Firm, LLC, is an accomplished South Carolina domestic violence defense attorney who has an impressive reputation for skillfully defending his clients’ rights and for securing beneficial case resolutions on their behalf. Learn more by contacting us online or calling 843-773-2789 today.