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South Carolina Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Family Law for South Carolina on
Q: An ex of my husbands made a false CPS claim

When CPS arrived to my home they opened up the folder I saw the persons name twice who reported and the report

James L. Arrasmith
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answered on Nov 18, 2023

If you believe a false CPS (Child Protective Services) claim was made against you, there are steps you can take to address the situation. First, cooperate fully with the CPS investigation. It's important to demonstrate your willingness to ensure the safety and well-being of your children,... View More

1 Answer | Asked in Criminal Law, Divorce, Child Custody, Domestic Violence and Family Law for South Carolina on
Q: My girlfriend and her ex husband live together with their 3 kids in SC. She told him she was seeing someone.

He came home and saw us in bed together and it's his house. He has multiple cdv charges but somehow took full custody of her kids when He had her put in jail He told her she had to leave and couldn't take all her belongings. what are her rights and possible issues that could happen.

James L. Arrasmith
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answered on Nov 13, 2023

In South Carolina, if your girlfriend's ex-husband has full custody of their children and she was told to leave the house, her rights and the potential issues depend on various factors including the custody arrangement and the nature of their living situation. If there's a formal custody... View More

1 Answer | Asked in Domestic Violence and Family Law for South Carolina on
Q: Can I terminate parental rights due to torture by ex-partner?

I was in a fearful situation where my ex-partner tortured me. She is now pregnant with my baby, and I'm wondering if I can legally terminate my parental rights under the circumstances of the torture. I have not reported the abuse yet, but I have pictures of scars and engravings she marked on... View More

James L. Arrasmith
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answered on Jul 6, 2025

Given the serious nature of the abuse you’ve described, it’s important to take steps to protect yourself and the unborn child. In most states, including yours, you cannot unilaterally terminate your parental rights, especially before the child is born. Parental rights are generally determined... View More

1 Answer | Asked in Domestic Violence and Family Law for South Carolina on
Q: Will CPS remove my children after DV report if they feel safe and no concerns were noted?

I am a victim of domestic violence, and CPS visited my home because my children were present when the incident was reported. I've received an order of protection, and I'm in the process of filing for an at-fault divorce from the abuser, who has been arrested and denied bond. The children... View More

James L. Arrasmith
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answered on Jul 6, 2025

Given the facts you've shared, it is highly unlikely that CPS will remove your children from your care. You’ve taken responsible steps by securing an order of protection, initiating divorce, and fully cooperating with CPS. The agency’s primary concern is always the safety and well-being of... View More

1 Answer | Asked in Civil Rights, Criminal Law, Domestic Violence and Personal Injury for South Carolina on
Q: Seeking legal advice for safety concerns and possible collaboration between law enforcement and third parties.

I've been facing serious personal safety concerns. I've discovered that I was secretly recorded during private moments and a tracker was found in my car. I believe there is a collaboration between law enforcement and the organization involved, as I've noticed them following me... View More

James L. Arrasmith
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answered on Jul 5, 2025

You are not alone, and what you’re describing is deeply troubling. Secret recordings, unauthorized GPS tracking, and the belief that you're being surveilled—especially with no support from law enforcement—create an overwhelming sense of isolation and fear. If the police dismiss... View More

1 Answer | Asked in Civil Rights, Domestic Violence, Family Law and Gov & Administrative Law for South Carolina on
Q: Daughter wants to run away as DSS caseworker threatens placement in home; no action on misconduct reports.

I reported to the Robeson County Sheriff's Department that my uncle was inappropriate with my daughter when she was 8, and my aunt knew about it. She is now 16 and living with my mom due to her removal from my home by DSS for neglect allegations. Despite my reports, no action has been taken.... View More

James L. Arrasmith
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answered on Jul 4, 2025

You must file an administrative appeal with the juvenile or family court immediately and request a contested custody hearing to challenge DSS’s removal decision.

Gather all records of your abuse reports, any correspondence showing DSS inaction, and statements from your daughter or her... View More

1 Answer | Asked in Domestic Violence and Gov & Administrative Law for South Carolina on
Q: Can I retrieve my firearms after dismissal of a dismissed 3rd Degree DV charge in SC?

I was charged with 3rd Degree Domestic Violence in March, and the case was dismissed three weeks ago. I have two firearms in a lockbox at my old house. A SLED online background check shows the arrest but not the dismissal, and there's nothing on a public records search. Since my case was... View More

James L. Arrasmith
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answered on Jun 12, 2025

Since your domestic violence charge was dismissed, you are legally allowed to possess firearms again under both federal and South Carolina law. A dismissal means you were not convicted, and only convictions for domestic violence crimes trigger the federal prohibition on firearm possession under the... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for South Carolina on
Q: How to file at-fault divorce in SC due to abuse and what forms are needed?

I want to file an at-fault divorce in South Carolina based on abuse. On February 28, 2025, my husband was arrested following a domestic dispute. I am aware of the residency requirements, and the divorce will be uncontested. I am trying to figure out what forms I need to submit to proceed with... View More

James L. Arrasmith
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answered on Jun 11, 2025

You’ve already taken a strong first step by choosing to file based on abuse, and in South Carolina, physical cruelty is recognized as a valid ground for at-fault divorce. Since your husband was arrested after a domestic dispute, that event may help support your case. Because the divorce is... View More

1 Answer | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: What is the minimum sentence for kidnapping in SC?

I'm seeking information on the potential sentencing for a kidnapping charge. My ex recently came to my workplace, locked the door, and physically assaulted me. He has a criminal history and currently faces charges of kidnapping, stalking, and second-degree assault and battery, with no bond... View More

James L. Arrasmith
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answered on May 15, 2025

In South Carolina, the minimum sentence for kidnapping can vary depending on the circumstances. Under South Carolina law, kidnapping is classified as a serious felony with a penalty of up to 30 years in prison. However, if the victim is a minor, the sentence includes a mandatory minimum of five... View More

1 Answer | Asked in Domestic Violence, Criminal Law and Civil Rights for South Carolina on
Q: Can I plead self-defense in a SC domestic violence case?

I am separated from my wife in South Carolina. She initiated a physical altercation with me, during which I had to use a choke hold to defend myself. She threw her phone, hitting me near my eye, causing a cut. I was arrested for domestic violence. There were no witnesses, and she has posted about... View More

James L. Arrasmith
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answered on May 15, 2025

Yes, you can plead self-defense in a South Carolina domestic violence case, but it depends on how the facts are presented and supported. Self-defense means you reasonably believed you were in imminent danger of being harmed and used only the force necessary to protect yourself. If she initiated the... View More

1 Answer | Asked in Domestic Violence, Divorce and Family Law for South Carolina on
Q: Considering divorce and seeking safety after violent threats from spouse in South Carolina.

In South Carolina, I was caught having an affair, and my wife showed up with a gun at the park where I was. When I returned home, she shot out my tire. This behavior is new to me, as we've been married for most of my life. Our children are grown and not involved. I have since moved out of the... View More

James L. Arrasmith
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answered on May 15, 2025

You’re in a frightening and emotionally overwhelming situation, and your safety has to come first. If your wife has threatened you with a weapon, shot your tire, and continues to follow you or show up uninvited, you have every right to seek protection. In South Carolina, you can request an Order... View More

1 Answer | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: Investigator asking to drop domestic violence charges

I have pending domestic violence charges (2nd degree) against someone. It's a criminal case. The investigator keeps asking me if I want to drop the charges, but I have clearly stated I do not want to drop them. I received a voicemail about this again, yet there has been no change in my... View More

James L. Arrasmith
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answered on Apr 15, 2025

It’s frustrating and upsetting to be asked repeatedly to change your stance, especially when you’ve already made your wishes clear. In a criminal domestic violence case, the decision to pursue or drop charges rests with the prosecutor—not the victim. However, investigators may continue to ask... View More

1 Answer | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: Is a sexual relationship between two adult second cousins a crime under incest laws if initially non-consensual due to brainwashing?

I would like to know if the sexual relationship between two second cousins is considered a crime under incest laws. Both individuals are adults, but the relationship was not consensual at first because the female was brainwashed. There is no ongoing legal case or investigation related to this... View More

James L. Arrasmith
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answered on Apr 12, 2025

In most states, incest laws focus on direct blood relatives, such as siblings or parents and children. Second cousins generally do not fall under these incest laws, as they are considered too distant a relationship for most legal definitions of incest. Therefore, a sexual relationship between two... View More

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for South Carolina on
Q: Can I get a restraining order for spouse's unauthorized tracking and control?

I discovered that my estranged spouse placed an AirTag in my car without my consent. We have been separated for a month, though we co-own the car; I make all the payments. He admitted to others that the AirTag has been in my car for that duration. I have an app that detected it and screenshots of... View More

James L. Arrasmith
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answered on Apr 12, 2025

Based on the information you've provided, it’s possible to obtain a restraining order, especially given the unauthorized tracking and history of control and abuse. In many states, including those with domestic violence laws, placing a tracking device on someone's car without consent can... View More

1 Answer | Asked in Domestic Violence and Civil Rights for South Carolina on
Q: Can I get a restraining order for harassment via communication with stepchildren in SC?

I am seeking a restraining order for second-degree harassment in South Carolina. The harassment is coming from my stepchildren's mother, who has been speaking derogatorily about me and my child in conversations with them for about a year. She also inquires about our private life. I have filled... View More

James L. Arrasmith
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answered on Mar 26, 2025

I understand you're going through a difficult situation with your stepchildren's mother. Navigating harassment issues can be emotionally draining, especially when children are involved.

Based on South Carolina law, you're on the right track by gathering evidence like security... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for South Carolina on
Q: Hello, ok so court is 2/16/24 madison county ky but i have a pending dv case in sc. can i use one attorney in 2 states
Casey Brown
Casey Brown
answered on Feb 18, 2024

One attorney can represent a client in two different states as long as the lawyer is licensed or admitted to the Bar in both states.

1 Answer | Asked in Domestic Violence, Family Law and Divorce for South Carolina on
Q: What if the petitioner was the actual person doing the abusing?

My wife has placed a order of protection on me and she is the real abuser in our home. I have all of our email and text messages that we have exchanged between us while we were fighting. She is a verbal abuser, and she is also quite possibly a Narcissist also. The judge even gave her the question... View More

Megan Hunt Dell
Megan Hunt Dell
answered on Jan 30, 2023

Your best course of action is to seek the advice of a divorce lawyer who has experience dealing with abusive situations and orders of protection. However, you should note that "verbal abuse" is not a ground for divorce or basis for issuance of an order of protection in South Carolina.

1 Answer | Asked in Domestic Violence for South Carolina on
Q: I was a victim of a crime at a Mexican restaurant they have no cameras and they had a karaoke that night.

That night he decided to hit me in the back of my head with brass knuckles, brass knuckles on left side, across the forehead, and hit me with a ball pin hammer. Is there any way in the restaurant can be held liable since they were overcrowded and understaffed no video cameras or bouncer.

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 22, 2022

Yes, you may have a good case for security negligence. Contact the local attorney in South Carolina for representation.

1 Answer | Asked in Domestic Violence and Family Law for South Carolina on
Q: It a dad makes no attempt to see his child in 3 months is that ok by the family court?

Last year before my son and I went into dv shelter. My ex while I was in fl at my parents moved out of our home. Took all his belonging as well as mine. I still haven't got back some things court ordered for him to return. He never told me where he went. He ghosted my son and I for almost 5... View More

Megan Hunt Dell
Megan Hunt Dell
answered on Aug 25, 2022

From your question, it's unclear whether you want your ex to visit with your son. I can tell how frustrated you are about dealing with this situation. The only mechanism the Family Court has to compel people to comply with its Orders is to hold them in contempt, and the sanctions for contempt... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for South Carolina on
Q: Can I move in with my mother at 17 without my father's permission?

I live in a toxic household with my grandmother. My dad kicked me out 2 years ago. I really want to live with my mom. I have been asking since i was 14 ,but my father and grandmother told me know because they don't like my mother. My mother has no reason for why I can't live with her she... View More

Brittany Holmes
Brittany Holmes
answered on Nov 10, 2021

In SC, in order to be able to make this decision on your own you would need to be 18 or older. However, if 18 is pretty far away, you could always speak with you mom about requesting custody of you through the family court.

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