As used in this chapter:
(a) "Abuse" means:
(1) physical harm, bodily injury, assault, or the threat of physical harm;
(2) sexual criminal offenses, as otherwise defined by statute, committed against a family or household member by a family or household member.
For validity of (b), see Editors' Notes below.
(b) "Household member" means:
(i) a spouse;
(ii) a former spouse;
(iii) persons who have a child in common;
(iv) a male and female who are cohabiting or formerly have cohabited.
(c) "Court" means the Family Court.
(d) "Petitioner" means the person alleging abuse in a petition for an order of protection.
(e) "Respondent" in a petition for an order of protection means the person alleged to have abused another or a person alleged to have aided and abetted such abuse.
(f) "Order of protection" means an order of protection issued to protect the petitioner or minor household members from the abuse of another household member where the respondent has received notice of the proceedings and has had an opportunity to be heard.
HISTORY: 1984 Act No. 484, Section 2; 1994 Act No. 519, Sections 2, 3, eff September 23, 1994; 2003 Act No. 92, Section 11, eff January 1, 2004; 2005 Act No. 166, Section 7, eff January 1, 2006.
Validity
For validity of (b) of this section, see Jane Doe v. State of South Carolina, 421 S.C. 490, 808 S.E.2d 807 (2017), rehearing granted (Nov. 17, 2017).
Structure South Carolina Code of Laws
Chapter 4 - Protection From Domestic Abuse
Section 20-4-30. Jurisdiction.
Section 20-4-40. Petition for order of protection.
Section 20-4-50. Hearing on petition.
Section 20-4-60. Order of protection; contents.
Section 20-4-65. Order of protection from domestic abuse; filing fee.
Section 20-4-70. Duration of order of protection; modification of terms.
Section 20-4-80. Mailing or service of order.
Section 20-4-90. Sheriff's department to assist in execution of order.
Section 20-4-100. Responsibilities of law enforcement officer.
Section 20-4-110. Immunity from civil or criminal liability.
Section 20-4-120. Actions not affecting right to relief.
Section 20-4-130. Applicability of other remedies.
Section 20-4-160. Domestic Violence Fund.
Section 20-4-310. Citation of article.
Section 20-4-320. Definitions.
Section 20-4-330. Judicial enforcement of foreign protection order; determining validity of order.
Section 20-4-340. Enforcement by law enforcement officer; service of order on respondent.
Section 20-4-370. Remedies available to protected individual.
Section 20-4-375. Filing false protection order; criminal penalty; civil liability.
Section 20-4-380. Construction of act.