| South Carolina's criminal domestic abuse (CDV) law | | | | The physical harm requirement can be satisfied |
| can be found in S.C. Code § 16-25-10, et seq. This | | | | through any unwanted physical contact, no matter |
| law makes it illegal to cause physical harm or offer to | | | | how slight. There is no requirement that an individual be |
| cause personal harm to a household member. This is a | | | | cut, bruised, scratched or have to seek medical |
| criminal statute and prosecution only begins after an | | | | attention. An offer to cause physical harm can be just |
| arrest. | | | | verbal if there exists enough opportunity to cause |
| The first thing to understand is what exactly is meant | | | | physical harm and the threat causes fear of the harm. |
| by a household member. The law defines a household | | | | If no household relationship exists the equivalent |
| member as a spouse, former spouse, persons with a | | | | criminal charge would be simple assault. |
| child in common or a male and female who are now | | | | The penalties for a first offense criminal domestic |
| or who have previously cohabitated. Becoming a | | | | violence (CDV) conviction in South Carolina is up to 30 |
| household member pursuant to the CDV statute is | | | | days in jail and/or $5,000 and/or 6 months of |
| permanent; this status cannot be undone by living apart | | | | counseling. This is a misdemeanor and is prosecuted |
| for an extended period of time or having the child | | | | either in a Municipal or a Magistrate level Court. |
| reach 18. The exact definition of cohabitation is not | | | | Subsequent CDV charges are brought in the Court of |
| defined in the statute, but is generally understood as | | | | General Sessions and may carry up to five years |
| repeatedly spending the night (even if both parties | | | | imprisonment. |
| maintain other separate legal addresses). | | | | |