Scarlett A. Wilson, Solicitor
Domestic Violence
Domestic Violence Is A Crime
Assaulting someone physically is a criminal offense. No one has the right to mistreat another person, even if that person is a wife, husband, child, parent or live-in partner. Yet, an alarming number of people are abused by members of their families, either on a regular or occasional basis. Domestic violence is violence committed against one person by another person of the same household.
Physical abuse occurs in various forms - being kicked, punched, shoved, slapped, sexually molested or harmed bodily in any way.
Domestic violence has no "typical" victim. The abused come from every ethnic background, educational level, income, age, race, religion and marital status. They share helpless feelings of frustration, confusion and fear. Often, they don't know what to do or where to turn for help.
Anyone can be a victim. The battered are frequently women. These women are often married to or living with their assailants. This is why domestic violence is commonly referred to as spouse abuse or wife beating.
Once a pattern of abuse has been established, the assaults often become more frequent and more violent over time. Abuse may result in permanent physical injury or death. It almost always leaves the person involved feeling isolated, angry, disappointed, lonely, bitter, rejected, helpless, humiliated, ashamed and afraid.
If you are one of the many victims of abuse in South Carolina or know someone who is, this information is designed to help by giving you some basic information. This information will show you that there are people and services available to you, so that you can take positive steps to deal with the problem. YOU ARE NOT ALONE.
It is up to you to decide what to do about your problem, and it is up to you to take the steps necessary to make the abuse stop. The realization that help is needed is the first step. If you have been assaulted, whether it has been one time, ten times or so many times that you have lost count, there are basically two things you can do - leave or stay. The purpose of this information is to help you take a firm stand against further violence. You must choose to never again be a victim of violence.
Domestic Abuse Act
Various criminal and civil statutes are applicable under the Domestic Abuse Act. Be sure to consult a lawyer for specific, up-to-date information about these statutes.
- The Protection from Domestic Abuse Act is a law to protect spouses, former spouses, children and other close relatives from physical harm, threat of physical harm or criminal sexual conduct by providing help through Family Court. Persons who live together, used to live together or have a child together can also seek help through Family Court. They can go to Magistrate's Court and file criminal charges against the other person.
- The person who has been abused or threatened with abuse, or another family member if the threatened person is under 18, can ask for help from Family Court.
You do not need a lawyer to get an Order of Protection. - The Clerk of Court must give you forms to file your own papers. If you can't afford to pay the filing fees, the clerk will show you how to file without a fee.
- The Family Court can order the abuser to stop abusing you and to leave the home.
- The Court can also order temporary custody, support and visitation rights; temporary possession of your home; and possession of your personal items, such as clothes and medicine.
- You should go to the Family Court in the county where the abuser lives, where you last lived together, or where you live if you can't find the abuser. If the Family Court is not open, you can go to any magistrate in your county.
- It is a crime for someone to stalk you. If your abuser repeatedly follows or harasses you and threatens you, the abuser may, upon conviction, be imprisoned for up to one year or must pay up to $1,000 or both. If you have a restraining order and the person continues to stalk you, the imprisonment may be for two years.
- You do not have to file for a divorce to get protection. The parts of the Order about support, custody, visitation and personal property last ONLY 60 DAYS if you do not schedule a temporary hearing in a divorce or separate maintenance action during the 60 day time period. (South Carolina law currently does not recognize "legal separation.") The temporary restraining order can last up to six months.
- You can get help if you have already filed for divorce. You can ask the Court for an emergency Order of Protection of 60 days if you need it. You should ask your lawyer about such an Order.
- When you go to Court, try to take with you:
- Witnesses
- Pictures of your injuries
- Police reports
- Medical reports
- Your financial information
- Any other evidence you have to prove that you were beaten
REMEMBER: The abuser has no right to assault you, and the abuser has committed a criminal offense by doing so. However, if you do not take immediate action after you are beaten, the abuser may believe that it is all right to physically abuse you since he or she will not be punished for it. - Whatever alternative you choose, save all evidence that shows you were beaten. Save any torn or bloody clothing. Have friends or relatives take color pictures of your injuries as soon as possible.
Some of the services the Victim/Witness Assistance Program Offers
- Information and explanation about the criminal justice system and procedures.
- Notification of the court schedule and the status of each case.
- Orientation to Courtroom procedure.
- Preparation for having to give testimony.
- Accompaniment service to court, providing emotional and moral support.
- Moral and emotional support before, during, and after the trial or plea, or for post-sentencing hearings.
- Property recovery assistance for items being held as evidence by the police.
- Employment intervention to explain time missed from work due to any court appearances or conferences with the prosecutor.
- Referrals to social services agencies, counselors, or others who can assist with emergency needs or personal problems.
- Assistance with any victim's problems or anxieties resulting from the crime.
- Counseling referrals to help victims cope with the aftermath of crime.
- Victim Compensation Fund assistance for eligible victims.
- Assistance in obtaining restitution through the Victim Restitution Program.
Preparing To Leave
You are not powerless or locked in a battering relationship forever. You can prepare to leave and be ready to set out on your own at the right time. Often, those who are in a physically abusive relationship find it difficult to leave the home and end the relationship permanently. If mentally and emotionally, you are unable to leave at this time, you can still protect your interests by doing certain things that will make it easier for you to leave at a later time.
- Gather originals or copies of as many of these important family records and documents as you can:
- birth certificates for yourself and your children
- your marriage license
- the deed or lease to your house
- tax returns
- checkbook(s) and extra checks
- rent receipts
- car registration
- credit cards
- insurance premiums and policies
- telephone and utility bills
- medical and dental bills
- spouse's paycheck stubs
- cancelled checks and bank statements (checking & savings)
- Many of these documents will be necessary in order for you to obtain housing, welfare, or free or inexpensive legal services.
- Set aside what extra cash you can.
- Try to get either a joint bank account or a bank account in your own name.
- Hide an extra set of car and house keys outside the house or at a neighbor's.
- Know where you can go and how you will get there in case you have to leave suddenly.
- Pack an extra set of clothes and shoes for yourself and your children. Store these with a neighbor, friend or church.