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Johnathan MWhat is Violation of a Protective Order in South Carolina?
South Carolina law recognizes multiple types of protective orders, and breaking any of them results in criminal penalties. Under S.C. Code § 16-25-20(H), anyone violating a protection order issued by a South Carolina family court under Chapter 4 of Title 20, entitled the “Protection from Domestic Abuse Act,” or a valid protection order from another state, tribe, or territory, faces criminal prosecution.
Additionally, S.C. Code §§ 16-3-1910 and 16-3-1920 address violations of permanent restraining orders (PROs) and emergency restraining orders (EROs). These civil no-contact orders are obtained through circuit court and have their own penalties, dependent on whether the underlying conduct is a felony or misdemeanor. Importantly, these laws aim to prevent escalation of domestic conflicts and protect victims from further harm.
In the domestic context, a “protective order” typically prevents contact with the protected person, restricts access to the family home, and forbids visiting the person’s workplace, school, or residence. It may also cover child custody arrangements. Violating any of these terms, even through indirect contact like third-party messages or texts, is a criminal offense. It’s crucial to understand each stipulation of the order to avoid unintentional breaches that can lead to severe legal consequences.
Penalties for Violation of a Protective Order in Greenville, SC
Penalties vary based on the type of order violated and the nature of the behavior involved.
Violation under § 16-25-20(H): This misdemeanor carries up to 30 days in jail and a fine of up to $500. However, there’s a critical aspect to note: if a protection order is violated while committing an act of domestic violence, it automatically escalates the domestic violence charge. Under § 16-25-20(B), if you violate a protection order and commit criminal domestic violence in the second degree, that offense becomes CDV 1st Degree, a felony with up to 10 years in prison.
Violation of PROs/EROs: The penalties here depend on the nature of the offense. When the actions qualify as a misdemeanor, conviction can result in up to 3 years in prison and up to $2,000 in fines. If the conduct is a felony, the maximum penalty increases to 5 years in prison. It’s important to remember that these penalties are designed to deter further violations and ensure compliance with court orders.
Entering a domestic violence shelter: Under § 16-25-125, it is a separate criminal offense for anyone charged with or convicted of criminal domestic violence, or subject to a protective order, to enter a shelter where their household member resides. A first violation is a misdemeanor with up to a $3,000 fine or 3 years in prison. If carrying a dangerous weapon at the time, it becomes a felony with up to a $5,000 fine or 5 years in prison.
Beyond criminal penalties, violations can impact bond conditions, result in immediate hold without bond, affect firearm rights under both South Carolina and federal law, and be used against you in related family court proceedings. The repercussions are extensive, affecting various aspects of personal and legal life.
How Violation of Protective Order Cases Are Prosecuted in Greenville County
In Greenville County, cases are processed through both Magistrate Court (for § 16-25-20(H) misdemeanor violations) and General Sessions Court in the 13th Judicial Circuit (for felony-level violations or those linked with domestic violence charges). The Solicitor’s Office prosecutes these violations aggressively, especially in cases with repeated contact, alleged intimidation, or incidents near children.
Law enforcement in Greenville can arrest without a warrant if there’s probable cause to believe a protective order was violated. Under § 16-25-70, officers don’t need to witness the violation firsthand. Complaints from the protected person, text message screenshots, or social media interactions can suffice to warrant an arrest. This proactive approach reflects the seriousness with which these cases are handled in the region.
Charges often accompany other domestic violence counts. Violations coinciding with CDV 2nd Degree conduct automatically elevate charges to CDV 1st. Even minimal physical contact during a prohibited visit can lead to felony prosecution. The Solicitor’s office in the 13th Circuit reviews the order’s timeline, any prior violations, and circumstances of the alleged contact to decide the prosecution’s intensity. It’s critical to understand that these evaluations can significantly influence the case’s trajectory.
Defense Strategies for Violation of Protective Order
These charges are not guaranteed convictions. A skilled attorney can present several meaningful defenses.
Invalid or improperly served order: If you weren’t properly notified of the order’s terms or the order was not entered correctly, it goes to the heart of the case. You can’t be held to terms unknown to you. Proper service and knowledge of the order are fundamental to any prosecution.
Inadvertent or accidental contact: Accidentally meeting someone at a grocery store in Greenville isn’t the same as intentionally seeking them out. Proximity without intent may not satisfy the offense’s elements. Demonstrating lack of intent can be a pivotal point in defense.
Specific terms not violated: Orders vary in restrictions. Not all communication forms or proximity fall under the prohibition. The exact language matters. A close examination of the order can reveal whether a technical violation occurred.
False or exaggerated accusation: Sadly, protective orders can be misused in disputed custody or divorce cases. Evidence showing motive, inconsistent statements, or false reporting patterns can weaken the prosecution’s case. A thorough investigation into the accuser’s claims can unearth significant defense evidence.
Consent or invitation by the protected person: While not a complete legal defense in all situations, it can be pivotal in challenging the credibility of the alleged violation, especially if the protected person invited then reported the contact. Documented evidence of consent can alter the case dynamics.
Avoid contact with protected parties, even if they initiate it. The responsibility is yours to comply with order terms despite the other party’s actions. An experienced Domestic Violence Lawyer can guide you on the order’s requirements and self-protection. Understanding your rights and obligations under the order is essential for your defense.
Why You Need a Violation of Protective Order Lawyer in Greenville
Violations have consequences beyond the courtroom. A conviction, even at the misdemeanor level, can disqualify you from firearm possession under state law and 18 U.S.C. § 922(g)(8), affect custody and visitation rights in family court, result in bond revocation on pending charges, and perpetually mark your criminal record.
If the violation occurs while committing a domestic violence offense, you may face a felony charge, potential prison time, and long-term consequences. Skilled representation is crucial from arrest onward. An attorney experienced in these matters can help navigate the complex intersection of criminal and family law implications.
John Crangle defends clients in Greenville County and throughout the 13th Judicial Circuit against charges of protective order violation. He understands the construction of these cases, what prosecution needs to prove, and common evidence weaknesses. If charged, or anticipating charges, don’t hesitate. Contact John Crangle today for a consultation.
Whether facing CDVHAN (CDV High and Aggravated Nature) or CDV 3rd Degree charges, having a competent attorney makes a significant difference. A conviction can impact Expungement eligibility, so strong defense from the start is key.