Domestic Violence Q&A

What is criminal domestic violence? Who is a "household member"? Who is the typical domestic violence victim? What do I need to do to prepare to leave? What kinds of things do I need to take with me? What can I do to be safer after I leave? What is an Order of Protection? Do I need a lawyer to get an Order of Protection? How long is an Order of Protection valid? How do I enforce the order? If I got a protective order in another state can it be enforced here or do I need to have a South Carolina order? What resources are available?

Q: What is criminal domestic violence?

A: Criminal domestic violence is defined in South Carolina as "causing physical harm or injury to a person's own household member, or offering or attempting to cause physical harm or injury to a person's own household member with apparent present ability under circumstances reasonably creating fear or imminent peril." (Keep in mind that although some abuse may not fit the definition for a crime in South Carolina, it is real and you should seek appropriate help.) Additionally, there is the crime of criminal domestic violence of a high and aggravated nature which carries enhanced penalites for cases with more severe injury. Click here to visit the South Carolina General Assembly's homepage to read the complete text.  Q: Who is a "household member"?

A: A household member can mean a spouse, former spouse, parent, child, person related by consanguinity or affinity within the second degree, a person who had a child with you, or a person of the opposite sex who lives with you or lived with you.  Q: Who is the typical domestic violence victim?

A: There is no typical victim. The majority of victims are women, but they differ widely in backgrounds. Domestic violence affects all kinds of victims regardless of things such as economic status, race, religion, education, or age. Unfortunately, it is happening in all kinds of families in South Carolina, and at an alarming rate. In 1996 the South Carolina Department of Social Services reported that 3,660 victims were sheltered, and shelters handled 14,892 crisis calls. If you are a victim, YOU ARE NOT ALONE!  Q: What do I need to do to prepare to leave?

A: You may want to speak with someone at your local domestic violence program to discuss the safety plan that is best for you, but some of the things you can do to try to leave safely are: Practice how to get out of your home safely if you are involved in an explosive incident. Identify which doors, windows, elevator, or stairwell would be best. Identify one or more neighbors you can tell about the violence and ask that they call the police if they hear a disturbance. If possible, open a bank account and/or credit card in your own name, and think of other ways to increase your financial independence. Leave money, an extra set of keys, copies of important documents, extra medicined, and some clothes with someone you trust in case you must leave quickly. Identify people who might be able to let you stay with them, or lend you some money. You should try not to stay with an unrelated adult of the opposite sex because this could later appear to be adultry if you go to Family Court. Keep the shelter or hotline phone number close at hand and keep some change or a calling card on you for emergency phone calls. If it is possible to do so safely, take your children with you, even if you are going to a shelter. This may affect your child custody case. Use your own instincts and judgement. Remember that nothing is more important than keeping yourself and your children safe.  Q: What kinds of things do I need to take with me?

A: The following checklist, as well as the above safety tops are provided by the South Carolina Coalition Against Domestic Violence and Sexual Assault (SCCADVASA). For a free copy of their informative pamphlet "Personal Safety Plan," please call them at (803) 256-2900. Identification documents such as your driver's license, your and your children's birth certificates, social security cards, and public assistance paperwork. Financial documents such as bankbooks, checkbooks, copies of tax returns, and proof of your spouse's income if applicable. You should also bring any available money and/or credit cards. Legal documents such as court orders, lease, deed, car registration and insurance papers, medical record, school records, work permits, green cards or visas, and passports. Other practical items such as house and car keys, medicaiton, small items that can be sold if necessary, jewelry, address book, phone card, photos and videos, some small children's toys, toiletries and diapers, changes of clothes.  Q: What can I do to be safer after I leave?

A: If you stay in your home, change the locks and consider additional safety devices. Discuss a safety plan with the children for when you are not with them. Inform you children's school or caregiver about who has permission to pick up your children. Inform neighbors and your landlord that your abuser no longer lives with you and that they should call the police if they see him on the premises. Devise a safety plan for at work which includes who you will tell about your situation, and who will provide for your physical safety on the job. When you leave work, have someone escort you to your transportation and try to use a variety of routes to go home. Get an Order of Protection from Domestic Abuse. Q: What is an Order of Protection?

A: Under South Carolina's "Protection from Domestic Abuse Act," the Family Court may issue an order which restrains your abuser from bothering you and provides other temporary relief such as child custody, child support, spousal support, use of the home, possession of personal property, costs and attorney's fees, and any other appropriate relief. Click here to visit the South Carolina General Assembly's homepage to read the complete text of the "Protection from Domestic Abuse Act in Title 20, Chapter 4 of the South Carolina Code of Laws.  Q: Who is eligible to get an Order of Protection?

A: Any household member (see definition above) who has been physically harmed or threatened with physical harm, including bodily injury, assault, or sexual criminal offenses.  Q: Do I need a lawyer to get an Order of Protection?

A: No. Some domestic violence programs have advocates available to assist you in obtaining an order, but you don't need to have anyone represent you. Simply go to the Family Court Clerk's office and ask to fill out and file a "Petition for Protection from Domestic Abuse" form. You should go to the Clerk's office in the county in which your abuser lives, or where you live if your abuser is a nonresident or can't be found, or where you last lived together unless you are a nonresident, in which case you must file in your abuser's county of residence. There is no filing fee and the Clerk's office will arrange for serving your abuser and scheduling a hearing. At the hearing, both you and your abuser will be allowed to address the court. Try to have as much evidence as possible of your abuse, and your fitness as a parent if you have chilren. You can bring witnesses, affidavits, photographs of your injuries, financial information about you and your spouse if you are married to your abuser, and medical and police report. If you have children, be prepared to answer questions about how you can provide a stable enviornment for them. This can include asking to be allowed to move back home and have the abuser leave if appropriate. Based on the evidence presented, the judge will issue an Order.  Q: How long is an Order of Protection valid?

A: The portion of the order often referred to as the "restraining order" is valid until the date ordered by the judge. Under a new law in South Carolina, the judge cannot issue the order for less than six months nor more than one year. Other provisions in the order, such as custody, must be enforced until the court issues a further order regarding those issues either pursuant to the pending case or a separate actio for divorce or deparate support and maintenance. It is possible to receive permanent protection in other proceedings such as a divorce, but not through the Order of Protection from Domestic Abuse.  Q: How do I enforce the order?

A: Your local law enforcement must enforce the order if it is valid. It is a crime for your abuser to violate the order. Try to keep a copy of your order handy at all times and give an extra to someone you trust. while it is not required, you may provide a copy to your local law enforcement agency and they will enter your information on the National Crime Information Computer for access by qualified law enforcement officers only. That way, if you are ever without a copy of your order, the information will be automaticaaly available ofr enforcement.  Q: If I got a protective order in another state can it be enforced here or do I need to have a South Carolina order?

A: Under both federal and state law, your order of protection must be given full and credit in South Carolina as long as it appears valid on its face. It can be enforced without any kind of registration or certification in South Carolina; however, you may want to provide local law enforcement with a copy for their records. The terms of your order will be enforced even if the relief you were given would not be available under South Carolina law.  Q: What resources are available?

A: If you are in crisis, please call the National Domestic Violence Hotline at 1-800-799-SAFE. If you are in danger, call the Police Department if you live within city limits, or the Sheriff's Department if you live outside city limits. Our search engine can help you find the law enforcement office you need. Click here to go there now. Two organizations that are NOT crisis lines but who can help you find resources in your area are the South Carolina Victim Assistance Network (SCVAN) 803-750-1200 and the South Carolina Coalition Against Domestic Violence and Sexual Assault (SCCADVASA) 803-256-2900. Click here to visit our search page for a list of domestic violence shelters and programs. Depending on the program, they may provide you with shelter, transportation, legal advice, counseling, and pratical assistance. They are also a good source for appropriate referrals. For legal assistance in Family Court, pull up our search page, or call the South Carolina Bar's Lawyer Referral Service at 1-800-868-2284 for the name of an attorney in your area. If you have little or no income, you can apply for services at your local Legal Services program. You may be eligible for assistance by applying at the local office of the Department of Social Services. Your local DSS office is listed on oursearch page . You may also qualify for housing assistance by applying at the local housing authority office. Dont overlook local charitable organizations, including churches. Other Resources on Domestic Violence Family Violence Prevention Fund's Selection of Discounted Materials FVPF's top ten list to end abuse "Impact of Violence in the Lives of Working Women: Creating Solutions, Creating Change" Home | Join SCVAN | Updates | Current Events | Search | Links