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S.C. Code Ann. § 20-4-20

Definitions

Known as the Protection from Domestic Abuse Act

The act spans §§ 20–20 (26 sections).

Applied in 3 court decisions — leading case Moore v. Moore (2008)

Most recently applied in Doe v. State (November 2017)

1984 Act No. 484, SECTION 2; 1994 Act No. 519, SECTIONS 2, 3, eff September 23, 1994; 2003 Act No. 92, SECTION 11, eff January 1, 2004; 2005 Act No. 166, SECTION 7, eff January …

How often courts cite this section

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citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

As used in this chapter:

(a) "Abuse" means:

(1) physical harm, bodily injury, assault, or the threat of physical harm;

(2) sexual criminal offenses, as otherwise defined by statute, committed against a family or household member by a family or household member.

For validity of (b), see Editors' Notes below.

(b) "Household member" means:

(i) a spouse;

(ii) a former spouse;

(iii) persons who have a child in common;

(iv) a male and female who are cohabiting or formerly have cohabited.

(c) "Court" means the Family Court.

(d) "Petitioner" means the person alleging abuse in a petition for an order of protection.

(e) "Respondent" in a petition for an order of protection means the person alleged to have abused another or a person alleged to have aided and abetted such abuse.

(f) "Order of protection" means an order of protection issued to protect the petitioner or minor household members from the abuse of another household member where the respondent has received notice of the proceedings and has had an opportunity to be heard.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.