South Carolina Domestic Violence: Degrees, Firearm Ban, Custody

South Carolina domestic violence laws apply only when the people involved are “household members,” and they sort conduct into three criminal degrees plus a top-tier felony called domestic violence of a high and aggravated nature. Penalties run from a $1,000 fine and up to 90 days in jail for a third-degree misdemeanor to 20 years in prison for the most serious felony, and every level of conviction carries a lifetime federal ban on firearms.

Who the Law Covers

The domestic violence statutes reach a specific set of relationships. You qualify as a household member if you are a current or former spouse of the other person, you share a child, or you are a male and female who live together or previously lived together.¹ The same definition applies to protective orders filed under the Protection from Domestic Abuse Act.²

People who are dating but have never lived together fall outside these laws. Violence between them is prosecuted under South Carolina’s general assault and battery statutes instead.

The Four Charge Levels

South Carolina grades domestic violence by injury, prior record, and aggravating circumstances. The differences matter because they set the sentencing range, the court, and whether the offense is a felony.

Third Degree

Third-degree domestic violence is the baseline: causing or attempting to cause physical harm to a household member without any aggravating factor. It is a misdemeanor punishable by a fine of $1,000 to $2,500, up to 90 days in jail, or both.³ These cases can be heard in magistrate or municipal court. First-time offenders often receive probation or a court-ordered intervention program instead of jail, but a conviction still creates a permanent record and triggers federal firearm consequences.

Second Degree

A charge moves up to second degree when the offense causes moderate bodily injury or is likely to, or when the person has one prior domestic violence conviction in the past ten years. It also applies if third-degree conduct occurs alongside an aggravating factor: the act happens in front of a child, the victim is pregnant, the offender blocks the victim’s access to a phone to prevent a call for help, or the offense occurs during a robbery, burglary, kidnapping, or theft.¹

Second-degree is a misdemeanor carrying a fine of $2,500 to $5,000, up to three years in prison, or both.¹ Judges frequently attach counseling or intervention requirements to probation, and a violation can send the person to serve the full term.

First Degree

First-degree domestic violence is a felony. It applies when the victim suffers great bodily injury, the offender uses a firearm, or the offender violates a protective order while committing second-degree domestic violence. It also applies to anyone with two or more prior domestic violence convictions in the past ten years, and to second-degree conduct committed with certain aggravating circumstances such as strangulation, an act in front of a child, or blocking access to emergency communication.¹

A conviction carries up to ten years in prison.³ As a felony, it also triggers the lifetime federal firearm prohibition.⁴

Domestic Violence of a High and Aggravated Nature

Domestic violence of a high and aggravated nature (DVHAN) is the most serious charge. It applies when the offense is committed under circumstances showing extreme indifference to human life and the victim suffers great bodily injury, when the conduct would cause a reasonable person to fear imminent great bodily injury or death, or when a protective order is violated during first-degree domestic violence.⁵

The statute lists circumstances that show extreme indifference to human life:

Using a deadly weapon
Strangulation: intentionally impeding breathing or blood circulation by pressure to the throat or neck, or by obstructing the nose or mouth, causing any loss of consciousness
Committing the offense in front of a child
Targeting a person known to be pregnant
Committing the offense during a robbery, burglary, kidnapping, or theft
Blocking access to a phone to prevent calling law enforcement or requesting emergency medical help

DVHAN is a felony punishable by up to 20 years in prison and is prosecuted in General Sessions Court.⁵

Arrest and the Primary Aggressor Rule

South Carolina gives officers broad authority to make warrantless arrests in domestic violence cases. An officer with probable cause to believe someone is committing or has just committed domestic violence can arrest that person on the spot, without a warrant, without having witnessed the act, and regardless of whether the victim wants to press charges.⁶ Officers may enter a residence to make the arrest if they reasonably believe it is necessary to prevent physical harm to a household member.

When both parties file complaints against each other, the officer must evaluate each complaint separately and identify the primary aggressor, then not arrest the other person. The factors include:

Prior complaints of domestic violence
The relative severity of each person’s injuries, including injuries that may not be immediately visible
The likelihood of future injury to each person
Whether either person acted in self-defense
Accounts from household members about the history of domestic violence

Being identified as the primary aggressor means arrest; being identified as the person who acted defensively means no arrest.⁶

A bond hearing typically follows within 24 hours.⁷ A no-contact order is common at that stage, and violating it can produce additional charges. Prosecutors regularly move forward even when the victim later recants, relying on body camera footage, 911 recordings, medical records, and physical evidence.

Protective Orders

A protective order is a Family Court directive that restricts contact and is separate from any criminal case. Any household member who has been abused can petition for one, and there is no filing fee.⁸ The petition needs a sworn statement describing the abuse with specific dates, locations, and any supporting evidence such as medical records or police reports. If a divorce or separate maintenance case is already pending, the request is filed as a motion in that case.

In urgent situations the court can hold an emergency hearing within 24 hours and issue a temporary order without notice to the accused, on a showing of immediate and present danger of bodily injury.⁹ Otherwise a full hearing must be scheduled within 15 days of filing.

After that full hearing, the court can enter a final order lasting six months to one year.¹⁰ The order can prohibit contact and communication, require the respondent to stay away from the petitioner’s home, work, and school, award temporary custody of minor children, order temporary financial support, grant exclusive possession of a shared residence even if the respondent owns or leases it alone, and prohibit disposal of shared property. The judge can enter the order based on the petitioner’s evidence alone if the respondent fails to appear.¹¹

Violation is a criminal offense punishable by up to 30 days in jail or a $200 fine, or can be treated as contempt of court punishable by up to one year in jail and a fine up to $1,500.¹¹ If the violation involves fresh acts of violence, separate domestic violence charges can be added, and officers can make a warrantless arrest with probable cause of a violation.⁶

Federal law adds another layer. Under 18 U.S.C. § 922(g)(8), anyone subject to a qualifying protective order cannot possess firearms or ammunition. The order must have been issued after a hearing where the person had notice and an opportunity to participate, and it must either find that the person poses a credible threat to an intimate partner or child, or explicitly prohibit the use of force against them.⁴

The Federal Firearm Ban That Comes With Any Conviction

A domestic violence conviction at any level triggers a lifetime federal ban on possessing firearms or ammunition under 18 U.S.C. § 922(g)(9). This reaches misdemeanor convictions, not just felonies, and it applies retroactively to convictions that predate the law.¹² There is no exception for law enforcement officers or military personnel acting in their official capacity.

The qualifying conviction must involve the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, someone who shares a child with the victim, or a current or former cohabitant.⁴ Violating the federal prohibition can bring up to 15 years in federal prison and fines up to $250,000.¹²

This is the consequence that catches people off guard. A third-degree misdemeanor with a $1,000 fine and no jail time still permanently strips the right to own a hunting rifle, a handgun for home defense, or any other firearm.

How a Charge Affects Family Court

Domestic violence allegations reach into custody, visitation, and divorce, often with more day-to-day impact than the criminal case itself.

Custody and Visitation

South Carolina judges must consider the best interests of the child in custody decisions, and the statutory factors explicitly include whether a parent has perpetrated domestic violence or child abuse and the effect of an abuser’s actions on the child.¹³ A criminal conviction is not required; credible allegations and evidence at the family court hearing are enough. Courts can impose supervised visitation or deny custody outright, and exposing a child to domestic violence can trigger involvement by the Department of Social Services, up to and including termination of parental rights in extreme cases.

Divorce and Alimony

Physical cruelty is a ground for fault-based divorce in South Carolina.¹⁴ Filing on that ground can move the case faster than the one-year separation required for a no-fault divorce, because a fault-based case can proceed to a hearing as soon as two months after filing.¹⁵

Alimony is affected too, though not automatically. “Marital misconduct or fault” is one of 13 factors courts weigh, but only when the misconduct affected the couple’s financial circumstances or contributed to the breakup of the marriage.¹⁶ Unlike adultery, domestic violence is not an automatic bar to alimony. A documented pattern of abuse that forced the other spouse out of the home or prevented them from working still gives the court strong grounds to adjust the award.

Expungement Is Rarely an Option

Clearing a domestic violence conviction from the record is difficult. South Carolina’s expungement framework allows a first-offense criminal domestic violence conviction to be expunged after five years with no further convictions, but only when the crime carried a maximum penalty of 30 days in jail or a $500 fine.¹⁷ Under current law, even third-degree domestic violence carries up to 90 days in jail and fines up to $2,500, which exceeds that threshold.³

The practical result is that most domestic violence convictions under the current statute cannot be expunged. The five-year expungement provision appears to reach convictions under the older, pre-2015 version of the law that carried lighter maximum penalties. For anyone convicted under the current degree-based system, a pardon from the state’s Board of Pardons, Paroles and Pardons may be the only route to relief.

If You Are the Victim

Two federal programs matter for victims and sit outside the state criminal system. If you receive federally subsidized housing, the Violence Against Women Act prohibits denial of admission, eviction, or termination of assistance because of domestic violence committed against you, and it applies even if the abuse produced an eviction record, criminal history, or damaged credit. Covered programs include Public Housing, Housing Choice Vouchers (Section 8), HOME, and HOPWA. Victims can request an emergency transfer, ask the housing provider to remove the abuser from the lease through lease bifurcation, and self-certify the abuse on a HUD form without a police report or court order, with confidentiality required.¹⁸

Noncitizen spouses abused by a U.S. citizen or lawful permanent resident have two immigration pathways that do not require the abuser’s cooperation or knowledge: a VAWA self-petition (Form I-360), which requires a good-faith marriage, evidence of battery or extreme cruelty, good moral character, and residence with the abuser in the United States at some point,¹⁹ and the U visa, which requires substantial physical or mental abuse and a signed law enforcement certification confirming cooperation with the investigation or prosecution. USCIS handles VAWA self-petitions confidentially and does not contact the abuser, and there is no filing fee.

1
South Carolina Legislature. South Carolina Code 16-25-20 – Acts Prohibited; Penalties
2
South Carolina Legislature. South Carolina Code Title 20 Chapter 4 – Protection From Domestic Abuse Act
3
South Carolina Legislature. South Carolina Code 16-25-20 – Acts Prohibited; Penalties
4
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
5
South Carolina Legislature. South Carolina Code 16-25-65 – Domestic Violence of a High and Aggravated Nature
6
South Carolina Legislature. South Carolina Code 16-25-70 – Warrantless Arrest or Search; Admissibility of Evidence
7
South Carolina Judicial Department. FAQ in South Carolina Criminal Court
8
South Carolina Legislature. South Carolina Code 20-4-40 – Petition for Order of Protection
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South Carolina Legislature. South Carolina Code 20-4-50 – Hearing on Petition
10
South Carolina Legislature. South Carolina Code 20-4-70 – Duration of Order of Protection; Modification of Terms
11
South Carolina Legislature. South Carolina Code 20-4-60 – Order of Protection; Contents
12
Bureau of Alcohol, Tobacco, Firearms and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions
13
South Carolina Legislature. South Carolina Code 63-15-240 – Contents of Order for Custody Affecting Rights and Responsibilities of Parents; Best Interests of the Child
14
South Carolina Legislature. South Carolina Code 20-3-10 – Grounds for Divorce
15
South Carolina Legislature. South Carolina Code Title 20 Chapter 3 – Divorce
16
South Carolina Legislature. South Carolina Code 20-3-130 – Award of Alimony and Other Allowances
17
South Carolina Judicial Branch. FAQ about Expungements and Pardons
18
HUD.gov / U.S. Department of Housing and Urban Development. Violence Against Women Act (VAWA)
19
Office of the Law Revision Counsel. 8 USC 1154 – Procedure for Granting Immigrant Status