Domestic violence cases move fast in South Carolina—and the decisions you make in the first few days can shape everything that follows.

You’ll find what qualifies as domestic violence, how charges are graded, what happens after an arrest, and practical steps to protect yourself.

Quick note on terminology: South Carolina replaced the older term “criminal domestic violence (CDV)” with degree‑based “domestic violence (DV)” charges. You’ll still hear CDV used informally; in court, it’s DV by degree.

Domestic violence fines, penalties & jail time in SC: quick view

• DV 3rd Degree: misdemeanor, up to 90 days in jail and court-imposed fines.
• DV 2nd Degree: misdemeanor, up to 3 years in prison and fines.
• DV 1st Degree: felony, up to 10 years in prison and fines.
• DVHAN (Domestic Violence of a High and Aggravated Nature): felony, up to 20 years in prison.

If you’re trying to minimize domestic violence fines, penalties and jail time in SC, speak with a domestic violence defense lawyer as early as possible.

Who Counts as a “Household Member” in South Carolina

Under SC law, domestic violence applies to disputes involving:

• Spouses or former spouses
• People who share a child
• People who are living together or who formerly lived together

If you’re in any of these categories, DV laws can apply to you—even if the relationship has ended or you no longer live together.

What Conduct Can Be Charged as Domestic Violence

Domestic violence does not require visible injury. The law covers:

• Causing physical harm or injury to a household member
• Offering or attempting to cause physical harm, when the circumstances create a reasonable fear of imminent harm

Threats, attempts, and certain forms of intimidation may be enough for an arrest, depending on the facts.

Degrees of Domestic Violence & Potential Penalties (fines, penalties & potential jail time)

South Carolina has four DV offenses, each with increasing consequences. “Aggravating factors” (listed below) can elevate a case to a higher degree.

Charge	Classification	Court	Potential Penalty
DV 3rd Degree	Misdemeanor	Magistrate, Municipal, or General Sessions (Solicitor’s election)	Up to 90 days in jail and fines
DV 2nd Degree	Misdemeanor	General Sessions	Up to 3 years in prison and fines
DV 1st Degree	Felony	General Sessions	Up to 10 years in prison
DV of a High and Aggravated Nature (DVHAN)	Felony	General Sessions	Up to 20 years in prison

Common aggravating factors that can raise the degree include:

• Injury level (moderate or great bodily injury, or likely to cause it)
• Violating a protective/no‑contact order
• Prior DV convictions within 10 years
• Committing the offense in the presence of a minor or against a pregnant person
• Using a firearm, choking/impeding breathing, or blocking access to a phone to prevent calling 911

Important: A first‑offense DV 3rd‑degree conviction may be eligible for expungement after a waiting period if you meet statutory conditions. Ask your attorney before pleading to anything.

After the Arrest: Bond, No‑Contact Orders, and Compliance

Most DV defendants face bond conditions that include a no-contact order with the alleged victim (see how to get a no-contact order dropped and how to file a motion to modify bond conditions). That typically means:

• No direct or indirect contact (in person, phone, text, email, social media)
• No messages through friends or family
• If you encounter the person in public, you must leave immediately

Can a No‑Contact Order Be Changed?

Possibly. The alleged victim can submit a written request to the prosecutor, arresting agency, or victim advocate. Your defense attorney can also file a motion to modify the order.

Until a judge signs a new written order, you must follow the no‑contact terms exactly. Violations can lead to contempt, new charges, and bond revocation — learn more in Bond Hearings: 15 Answers.

“Can the Alleged Victim Drop the Case?”

Sometimes victims ask to “drop” charges — but prosecutors decide whether a case goes forward. For context, see Can I Get a Domestic Violence Charge Dropped in SC?. Even without the victim’s cooperation, the State may pursue the case using other evidence (officer testimony, 911 recordings, photos, medical records, neighbor/witness statements).

If you’re the accused or the alleged victim and you’re unsure what to do, speak with independent counsel about your rights and options.

When Children Are Present (and DSS Involvement)

If children were present during the incident, law enforcement may notify the Department of Social Services (DSS). DSS can open a related investigation and, in some cases, the presence of a minor can elevate the DV degree.

If there were children on scene, tell your attorney immediately so they can advise you about next steps and any DSS contact.  Even if the child was sleeping or too young to know what was happening, DSS can become involved and you can be charged with DV.

Evidence & Court Essentials

• No visible injury required: The State can prosecute based on threats or attempted harm when the facts support it.
• Miranda rights: Unwarned custodial statements may be suppressed; the remedy is exclusion of those statements—not automatic dismissal.
• Officer no‑show: A missing officer witness can complicate the State’s case, but prosecutors often subpoena the officer or proceed with other witnesses.
• Paying the fine = guilty plea: In summary court cases, “just paying the ticket” is the same as pleading guilty. That creates a criminal record and can trigger collateral consequences — see Collateral Consequences of a Criminal Conviction in SC.

Collateral Consequences to Consider

A DV conviction can affect more than jail time and fines. Common impacts include:

• Firearms: Federal and state law can restrict firearm possession after certain DV convictions.
• Employment & licensing: Background checks may surface DV charges or convictions.
• Housing & family law: Protective orders, custody disputes, and immigration matters can be affected.
• Expungement: Limited eligibility exists (for example, some first‑offense DV 3rd convictions after a waiting period, if you are otherwise eligible), but timing and conditions matter. Start here: How Expungement Works in SC.

Defense Attorney Pathways

Every case is fact‑specific, but defense attorneys may explore:

• Dismissal or reduction when evidence is weak, illegally obtained, or does not meet the elements
• Negotiated outcomes tailored to the facts (e.g., counseling, treatment, restitution, or conditional discharge where available)
• Pretrial Intervention (PTI) for eligible DV 3rd‑degree cases

What To Do If You’ve Been Charged

1. Call a defense lawyer immediately. Early advice protects you from avoidable mistakes.
2. Follow bond/no-contact orders to the letter. Even if you reconcile, orders remain until a judge modifies them — review Bond Hearings in SC and no-contact order modifications.
3. Don’t discuss the facts with anyone but your lawyer. Avoid texts, social media posts, and DMs about the case.
4. Save evidence: Photos, messages, call logs, medical records, and potential witness names.
5. Ask about alternatives: PTI eligibility, counseling, treatment, or other paths that can mitigate consequences — see How to Get Someone Out of Jail in SC and Conditional Discharges in SC.

FAQs: South Carolina Domestic Violence

1) Can I be arrested without visible injuries?
Yes. Threats, attempts, or conduct that reasonably causes fear of imminent harm may support an arrest and prosecution.

2) How do degrees get decided? By the facts—injury level, prior DV history, whether a child was present, use of a weapon, violation of an order, choking/impeding breathing, or blocking access to call 911 can elevate charges.

3) Can my partner and I agree to “drop it”?
It depends. The prosecutor controls the case. Your partner’s wishes matter, but they are not the final decision. Have your attorney handle any communications with the State/prosecutor.

4) Will the case be dismissed if the officer doesn’t show?
Sometimes a continuance is granted or another officer testifies. It’s not an automatic dismissal.

5) Is there any way to clear my record later?
Possibly—ask your lawyer about expungement options if you’re eligible (for example, some first‑offense DV 3rd convictions after a waiting period), dismissals, or diversion completions.

6) What are the fines and jail time for domestic violence in SC?
For DV 3rd degree, courts can impose fines and up to 90 days in jail; DV 2nd degree carries fines and up to 3 years; DV 1st degree up to 10 years; and DVHAN up to 20 years. Actual fines and court assessments vary by degree and court, and outcomes depend on your case facts and history. To understand how this applies to you, consult a lawyer.

Talk to a South Carolina Domestic Violence Defense Attorney

If you’re facing a DV charge in South Carolina, you’re not alone — and you have options. To minimize domestic violence fines, penalties and jail time in SC, speak with counsel now.

Call 843‑607‑9800 or request a free consultation via the contact page. You can also learn more about our approach on the Domestic Violence practice page or the Criminal Defense overview.

This guide is general information, not legal advice. Every case is different. Consult an attorney about your specific situation.