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 Magistrate for a bond setting. Bail is more than money that must be posted or guaranteed for her release; it may also include other restrictions that the court determines are necessary to protect those involved in the defendant’s case. Bond is set in misdemeanor cases and CDVHAN’s domestic violence felony in South Carolina.
In South Carolina domestic violence cases, a routine requirement set forth by the Bail Court is that the defendant must have no contact with the alleged victim in his case. This requirement may be included even in cases where the accused and the alleged victim are married, have children or live together. Furthermore, this requirement may be established even in situations where it is not requested, or even opposed by the alleged victim. This “no contact” provision is designed to remain in effect until the conclusion of the defendant’s case. An unfortunate outcome may be that defendants are pressured to plead guilty only to end the Court’s no contact order.
South Carolina police departments regularly monitor CDV arrests to ensure compliance with the Court’s no contact bail order. In cases where it is being violated, the defendant may face contempt of court penalties. In many cases, the sanction will be to go back to jail until the case is over (this can be 30 days or more).
It is important to know that bail restrictions do not apply to the alleged victim. This means that there is nothing the Court does to prevent them from initiating contact with the defendant, but if contact is made, the defendant is the one facing a return to jail. Non-contact bond violations do not have to be violated by physical contact. Other ways include email, phone, mail or initiate contact through third parties.
In order for the no contact provision to be lifted prior to the conclusion of the case, it is necessary to obtain a specific court order modifying the bond. This will usually require the filing of a formal motion and the court scheduling a hearing.
Another side effect of the no contact provision may be the impact it has on ownership of a shared residence. If the alleged victim lives with the respondent, even in the respondent’s own home, the respondent will not be allowed to return while the alleged victim is present. Additionally, the criminal court will not have jurisdiction to order the alleged victim to evict, which may require the defendant to apply to the local trial court for eviction. The eviction process may take two weeks or more to complete, during which time the alleged victim may remain in possession of the residence without obligation to pay rent or utility bills.
