Legal Question in Criminal Law in South Carolina

Criminal domestic violence

In South Carolina can someone be charged with criminal domestic violence against an ex-father-in-law? I have never lived in the same house as him. Can you indicate as to where I can confirm your answer?


Asked on 10/18/00, 9:52 am

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Re: Criminal domestic violence

There are 5 elements to the crime:

1. causing, or

2. under circumstances reasonably creating fear of imminent peril offering or attempting to cause with the apparent present ability to do so

3. physical harm or injury

4. to a menber

5. of the defendant's household.

As to number 3, "to a member." This is defined as:

"...a spouse, former spouses, parents and children, persons related by blood or affinity within the second degree, persons who have a child in common, and a male and a female who are cohabiting or have formerly cohabited."

As to your last question regarding confirming my answer. I direct your attention to the South Carolina Code, Section 16-25-10

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Answered on 11/14/00, 9:13 pm


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