Domestic violence is a pressing problem throughout the nation, and domestic violence charges in South Carolina are a serious legal matter. If you’ve been charged with domestic violence, you could be facing jail time as well as hefty fines and troubling social consequences that you may not have even considered. If you find yourself in the difficult position of being charged with domestic violence, it’s time to consult with an experienced South Carolina domestic violence defense attorney.
Domestic Violence Charges in South Carolina
The charge of domestic violence in the State of South Carolina refers to either physically harming, attempting to hurt physically, or credibly threatening to harm someone close to you, such as a romantic partner. While intending to harm the other person can also qualify as domestic violence, the threat itself must cause the victim to experience real fear, rather than coming off as an idle threat.
The Legal Elements Required
For a domestic violence charge to apply, the following two specific elements must be present:
- There must be a close relationship that connects the person who is accused of DV and the victim. This can mean being married to one another, living together – either currently or in the past – or having a child together.
- The person who is accused of domestic violence must have caused the victim to suffer an injury or must have convincingly threatened to do so.
When each of these elements is established, the charge of domestic violence can apply.
The Level of the Charge
Domestic violence charges in South Carolina are classified according to degree.
Domestic Violence Third Degree
Domestic violence third degree is a misdemeanor, which puts it at the lower end of the spectrum, but this is only relatively speaking. DV third degree relates to injuring or threatening to injure the victim, and a conviction carries a penalty of up to 90 days in jail and fines ranging from $1,000 to $2,500.
Domestic Violence Second Degree
When the incident in question causes the victim to experience more serious injuries that qualify as moderate bodily injury, the charge of domestic violence second degree applies. Factors such as a prior conviction or engaging in domestic violence in the presence of a minor can also enhance the charge to DV second degree. Generally, this charge is classified as a misdemeanor, carrying a potential prison sentence of up to 3 years and fines ranging from $2,500 to $5,000.
Domestic Violence First Degree
When domestic violence leaves the victim with a serious bodily injury or when it could have, the domestic violence charge is first-degree, which is a felony that can land the accused in prison for up to 10 years. Aggravating factors like the following can enhance the DV charge to first degree:
- Having two or more prior DV convictions
- Using a gun or other weapon
- Having two or more aggravating circumstances that apply
The Broader Impact of a Domestic Violence Charge: Family, Custody & Long-Term Consequences
A domestic violence charge doesn’t just affect your criminal case, it can impact your family life, your relationships, and your future in ways many people don’t anticipate. Even when a case is ultimately dismissed or resolved favorably, the consequences of being charged can ripple outward.
1. Effects on Child Custody and Visitation
When there are children involved, domestic violence allegations often become central in custody and visitation disputes. Courts prioritize the safety and well-being of children, and your alleged conduct, even before conviction, can be used as a factor in determining:
- Temporary custody orders
- Visitation restrictions or supervised visitation
- Parenting time schedules
A strategic defense must take these collateral consequences into account from day one.
2. Protection Orders (Restraining Orders)
After a domestic violence arrest, the victim may seek or obtain a protection order. These orders can:
- Limit contact with family members, roommates, or even neighbors
- Restrict your ability to return home
- Affect your access to personal property
Protection orders can remain in place long after the criminal matter is resolved unless they are successfully challenged in court.
3. Impact on Employment and Professional Licensing
A domestic violence conviction, or even an ongoing charge, can affect:
- Current employment, especially in jobs with background checks
- Security clearances or professional licenses
- Opportunities in fields such as education, childcare, healthcare, law enforcement, and transportation
Because domestic violence is treated as a serious offense, employers and licensing boards often view these charges through a risk-based lens.
4. Firearms and Legal Rights
In many states, a domestic violence charge can lead to restrictions on firearm possession, even during the pendency of the case. Federal law also prohibits firearm possession after certain convictions or restraining orders, despite ongoing defense efforts.
5. Emotional and Financial Toll
Beyond legal consequences, domestic violence cases can be devastating emotionally and financially. Legal fees, time in court, required counseling classes, and strained personal relationships all add layers of stress.
An Experienced Domestic Violence Lawyer Can Help
The accomplished domestic violence attorneys at Beasley Tomlinson Law dedicate our imposing practice to fiercely advocating for optimal case outcomes for valued clients like you. We proudly serve the following communities: Greenville, Spartanburg, Mauldin, Easley, Simpsonville, Pickens, Greer, and Duncan, as well as the counties of Greenville, Spartanburg, Pickens, and Florence. Learn more by calling us at 864-775-5787 or contacting us online today.
