The First Days After a Domestic Violence Arrest
After a domestic violence arrest, the person charged may be in jail before the rest of the family knows what happened. These are the first things to sort out.
- The bond hearing. A person held on a bailable charge generally must have a bond hearing within 24 hours of the arrest.1 In a domestic violence case, the hearing cannot go forward without the person's criminal record and the incident report, or the arresting officer being there, but the law still requires it within 24 hours.3
- The bond order. Read it closely and follow every condition in it.
- Follow any no-contact order. If your bond conditions prohibit contact with the alleged victim, do not call, text, visit, or send messages through someone else. Do not assume you can respond just because the other person contacts you first. Only the court can change a court-ordered restriction. Ask your lawyer about any questions concerning your home, children, or belongings.
- The next court date. Look for it on the warrant or the bond papers. Put it somewhere you will see it, and don't miss it.
- The paperwork. Keep the warrant, the bond order and any notice from the court together in one folder.
The law sets the timing of the bond hearing. It doesn't promise release, a set amount or any particular terms.1
What Are the Degrees of Domestic Violence in South Carolina?
South Carolina has four principal domestic violence charges: third degree, second degree, first degree, and domestic violence of a high and aggravated nature (DVHAN).2
The charges differ based on the alleged conduct, injuries, prior qualifying convictions, and other circumstances specified by law.2 Third-degree domestic violence carries up to 90 days in jail. Second-degree domestic violence carries up to three years, and first-degree domestic violence up to ten years.4 DVHAN carries up to 20 years.5
- Third degree: a misdemeanor, up to 90 days in jail.
- Second degree: a misdemeanor, up to three years.
- First degree: a felony, up to ten years.4
- DVHAN: a felony, up to 20 years.5
These are the maximum prison terms the law allows, not predictions of a sentence.4 Fines, treatment requirements and other consequences may also apply.
A Charge Is Not a Finding
The charge on a warrant is an accusation. The prosecution must prove the elements of the offense, and the potential penalties depend on the charge and the circumstances.2
If the charge on the paperwork is assault and battery instead, our page on assault and battery charges covers those.
Want someone to look at your situation?
Talk with us about the charge and ask the questions on your mind.
Domestic Violence and Firearms
A domestic violence conviction can affect gun rights. State law restricts firearm and ammunition possession after certain domestic violence convictions and qualifying protection orders, and federal law may add its own restrictions. How long a restriction lasts and what it covers depend on the offense, the court's findings and any orders.6 Ask a lawyer about your own situation before making any decision about a firearm.
What to Gather Before You Talk to a Lawyer
The first conversation is easier when the papers are in one place. Bring what you have, even if it seems incomplete:
- The warrant, with the charge written on it
- The bond order and any release paperwork
- Every court notice, with the dates circled
- A list of your questions, so nothing gets missed
Preserve evidence and watch deadlines. Keep relevant messages, photographs, videos, and other records. Do not delete or alter them. Write down potential witnesses and locations of cameras. For qualifying General Sessions charges, a preliminary hearing generally must be requested within 10 days after notice of that right. A lawyer can help evaluate which records and deadlines matter.7
If you are calling for someone else, a family member or friend you trust who lives outside the home can make the first call.
Talk to Us About a Domestic Violence Charge
A domestic violence charge affects home life, so we start by listening. Tell us what you know, at your own pace. We tell you honestly what we think, and we don't make promises about results.
We take criminal cases in the Charleston area. Our office is on King Street in downtown Charleston. The first conversation can happen by phone.
If someone in your family faces more than one charge from the same arrest, see our criminal defense overview.
South Carolina Law on This
- Under South Carolina law, a person arrested and charged with a bailable offense must receive a bond hearing within 24 hours of arrest. If bond is posted and delivered to the jail or detention facility, the person must be released within a reasonable time, not exceeding four hours after the bond is delivered to the facility. These statutory deadlines do not guarantee that bond will be granted or determine the amount or conditions of bond.1
- South Carolina has four principal domestic violence charges: third degree, second degree, first degree, and domestic violence of a high and aggravated nature (DVHAN). The charges differ based on the alleged conduct, injuries, prior qualifying convictions and other circumstances specified by law. The prosecution must prove the elements of the offense, and the potential penalties depend on the charge and the circumstances.2
- In a domestic violence case, a South Carolina bond hearing cannot proceed without the arrested person's criminal record and the incident report, or the presence of the arresting officer. The law still requires the hearing within 24 hours after the arrest.3
- South Carolina law establishes three numbered degrees of domestic violence, each carrying different criminal penalties. First-degree domestic violence is a felony punishable by up to ten years in prison. Second-degree domestic violence is a misdemeanor punishable by a fine of $2,500 to $5,000, imprisonment for up to three years, or both. Third-degree domestic violence is a misdemeanor punishable by a fine of $1,000 to $2,500, imprisonment for up to 90 days, or both. Third-degree domestic violence charges may be tried in summary court. South Carolina also separately recognizes domestic violence of a high and aggravated nature (DVHAN).4
- Domestic violence of a high and aggravated nature is a felony punishable by up to 20 years in prison.5
- South Carolina law restricts firearm and ammunition possession following certain domestic violence convictions and qualifying protection orders. Federal law may impose additional restrictions, including for some misdemeanor domestic violence convictions and qualifying protection orders. The rules depend on the offense, court findings, orders and other circumstances, and the expiration of a state restriction does not necessarily restore firearm rights under federal law.6
- For qualifying General Sessions charges, Rule 2 of the South Carolina Rules of Criminal Procedure generally requires a request for a preliminary hearing within 10 days after the defendant receives notice of the right to one.7
Frequently Asked Questions
Someone was just arrested on a domestic violence charge. What happens next?
For a bailable charge, South Carolina generally requires a bond hearing within 24 hours after arrest. The judge considers whether release is appropriate and what conditions should apply. If bond is granted and delivered to the jail, the law requires release within a reasonable time, not exceeding four hours.1 The person charged must follow all release conditions, including any no-contact restrictions.
Will a domestic violence conviction affect my right to own a gun?
Yes, it can. South Carolina law restricts firearm and ammunition possession following certain domestic violence convictions and qualifying protection orders, and federal law may impose additional restrictions, including for some misdemeanor domestic violence convictions. The rules depend on the offense, court findings, orders and other circumstances. Do not assume that a state restriction's expiration automatically restores firearm rights under federal law.6
Can I contact the other person if they reach out to me first?
If your bond conditions prohibit contact, the fact that the other person called or texted first does not make a reply permissible. Only the court can change a court-ordered restriction. Ask your lawyer about questions concerning your home, children or belongings before acting on them.
Can a family member call a lawyer for someone still in jail?
Yes. A relative or friend who lives outside the home can make the first call. It helps to have the person's full name, the charge on the warrant and any court date. The first conversation can happen by phone.
Sources
- S.C. Code § 22-5-510(B)
- S.C. Code §§ 16-25-20, 16-25-65
- S.C. Code § 22-5-510(B), (F)
- S.C. Code § 16-25-20(B), (C), (D)
- S.C. Code § 16-25-65
- S.C. Code § 16-25-30; 18 U.S.C. § 922(g)(8), (9)
- Rule 2, South Carolina Rules of Criminal Procedure
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
