When someone is arrested for domestic violence (CDV) in South Carolina pursuant to a violation of SC Code 16-25-10, they will be brought before a judge to establish bond. Bonds are more than money to be posted or to secure their release, and may also include such other restrictions as the court determines to be necessary to protect those involved in the defendant’s case. Bond has been assigned to the misdemeanor cases and to the South Carolina felony CDVHAN Domestic Violation offense.
In domestic violence cases in South Carolina, the routine requirement set by the Bond Court is that the defendant have no contact with the alleged victim in his case. This requirement can be included even in cases where the defendant and alleged victim are married, have children, or live together. Moreover, this requirement can be applied even in cases where it is not required, or even opposed by the alleged victim. This “do not contact” clause is designed to remain in effect until the conclusion of the defendant’s case. The unfortunate consequence may be that the defendant will be pressured to plead guilty only to terminate the court’s no-contact order.
Police departments across South Carolina regularly follow up on CDV arrests to ensure compliance with the court’s no-contact order. In cases where it is violated, the defendant can face contempt of court penalties. In many cases, the penalty will be to go back to jail until the case is over (this could be 30 days or more).
It is important to know that bond restrictions do not apply to the alleged victim. This means that there is nothing the court will do to prevent them from initiating contact with the defendant, but if contact is made, the defendant is the one who faces going back to jail. No violations of the communication bond must be violated by physical contact. Other methods include email, phone, mail, or initiating communication through third parties.
In order to overturn the no-contact clause prior to termination of the case, it is necessary to obtain a specific court order amending the bond. This will usually require a formal application and for the court to schedule a hearing.
Another side effect of a non-contact clause can be its impact on tenure. If the alleged victim lives with the defendant, even in the defendant’s home, the defendant will not be allowed to return as long as the alleged victim is present. Furthermore, the criminal court would not have jurisdiction to order the eviction of the alleged victim – which would require the defendant to seek eviction from the local magistrates’ court. The eviction process can take two weeks or more to complete – during which time the alleged victim is allowed to remain in possession of the dwelling without obligation to pay rent or utility bills.