reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 3 - Divorce › Section 20-3-170. Modification, confirmation, or termination of alimony; retirement by supporting spouse.

(A) Whenever any husband or wife, pursuant to a judgment of divorce from the bonds of matrimony, has been required to make his or her spouse any periodic payments of alimony and the circumstances of the parties or the financial ability of the spouse making the periodic payments shall have changed since the rendition of such judgment, either party may apply to the court which rendered the judgment for an order and judgment decreasing or increasing the amount of such alimony payments or terminating such payments and the court, after giving both parties an opportunity to be heard and to introduce evidence relevant to the issue, shall make such order and judgment as justice and equity shall require, with due regard to the changed circumstances and the financial ability of the supporting spouse, decreasing or increasing or confirming the amount of alimony provided for in such original judgment or terminating such payments. Thereafter the supporting spouse shall pay and be liable to pay the amount of alimony payments directed in such order and judgment and no other or further amount and such original judgment, for the purpose of all actions or proceedings of every nature and wherever instituted, whether within or without this State, shall be deemed to be and shall be modified accordingly, subject in every case to a further proceeding or proceedings under the provisions of this section in relation to such modified judgment.
(B) Retirement by the supporting spouse is sufficient grounds to warrant a hearing, if so moved by a party, to evaluate whether there has been a change of circumstances for alimony. The court shall consider the following factors:
(1) whether retirement was contemplated when alimony was awarded;
(2) the age of the supporting spouse;
(3) the health of the supporting spouse;
(4) whether the retirement is mandatory or voluntary;
(5) whether retirement would result in a decrease in the supporting spouse's income; and
(6) any other factors the court sees fit.
HISTORY: 1962 Code Section 20-116; 1952 Code Section 20-116; 1949 (46) 216; 1979 Act No. 71 Section 9; 2012 Act No. 260, Section 1, eff June 18, 2012.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 3 - Divorce › Section 20-3-180. Change of name after divorce or separation.

The court, upon the granting of final judgment of divorce or an order of separate maintenance, may allow a party to resume a former surname or the surname of a former spouse.
HISTORY: 1962 Code Section 20-117; 1952 Code Section 20-117; 1949 (46) 216; 1998 Act No. 431, Section 1, eff June 23, 1998.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 3 - Divorce › Section 20-3-190. Divorced wife barred of dower.

On the granting of any final decree of divorce, the wife shall thereafter be barred of dower in lands formerly owned, then owned, or thereafter acquired by her former husband.
HISTORY: 1962 Code Section 20-118; 1952 Code Section 20-118; 1949 (46) 216; 1950 (46) 2251; 1953 (48) 318.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 3 - Divorce › Section 20-3-200. Divorce shall not render children illegitimate.

No judgment of divorce from the bonds of matrimony shall render illegitimate the children begotten of the marriage.
HISTORY: 1962 Code Section 20-119; 1952 Code Section 20-119; 1949 (46) 216.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 3 - Divorce › Section 20-3-210. Unlawful advertising for purpose of procuring divorce.

It shall be unlawful for any person to print, publish, distribute or circulate or cause to be printed, published, distributed or circulated any card, handbill, advertisement, printed paper, book, newspaper or notice of any kind offering or otherwise to advertise to procure, attempt to procure or aid in procuring any divorce either in this State or elsewhere. But this section shall not apply to the printing or publishing of any notice or advertisement required or authorized by the laws of this State.
HISTORY: 1962 Code Section 20-120; 1952 Code Section 20-120; 1949 (46) 216.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 3 - Divorce › Section 20-3-220. Unlawful advertising for purpose of procuring divorce; penalty.

Any person violating any of the provisions of Section 20-3-210 shall, upon conviction, be punished for each offense by a fine of not less than one hundred dollars and not more than one thousand dollars or by imprisonment for not less than one month or more than one year, or both such fine and such imprisonment, at the discretion of the court.
HISTORY: 1962 Code Section 20-121; 1952 Code Section 20-121; 1949 (46) 216.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 3 - Divorce › Section 20-3-230. Clerks of court shall file reports of divorces and annulments with Division of Vital Statistics.

Whenever a divorce or annulment is decreed by a court having jurisdiction, the clerk of court shall, no later than thirty days following the filing of the final decree, send a report to the Registrar of the Division of Vital Statistics of the Department of Health and Environmental Control showing such information as may be required on a certificate to be furnished by the Division of Vital Statistics of the Department of Health and Environmental Control.
HISTORY: 1962 Code Section 20-122; 1962 (52) 2157.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 3 - Divorce › Section 20-3-235. Decree to set forth social security numbers or alien identification numbers of parties in divorce.

A decree of divorce shall set forth the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of the parties in the divorce. Filing the required form with the Department of Health and Environmental Control complies with the requirements of this section.
HISTORY: 1997 Act No. 71, Section 1, eff June 10, 1997; 1999 Act No. 100, Part II, Section 105, eff June 30, 1999.
Editor's Note
The Preamble of 1997 Act No. 71 provides as follows:
"Whereas, it is the sense of Congress that all states shall have in effect certain laws relative to the enforcement of child support in order to remain eligible for federal funding under Title IV-D of the Social Security Act. Therefore, this act amends the Code of Laws of South Carolina, 1976, to, among other things, require the collection and use of social security numbers on certain state-issued documents and applications; to provide authority for the imposition of administrative liens in child support cases; to enhance the information requirements of the parties to a paternity or child support action; to enhance procedures establishing paternity; to conform the state's Uniform Interstate Family Support Act (UIFSA) to changes made by the National Conference of Commissioners on Uniform State Laws; to enhance income withholding; to provide authority for the Department of Social Services to administratively change the payee in Title IV-D child support cases; to provide authority for the issuance and enforcement of administrative subpoenas; to enhance the ability to void conveyances fraudulently conducted for purposes of avoiding payment of a child support obligation; to eliminate the payment of a child support disregard check in accordance with the elimination of federal financial participation in the same; to require employers, state and local agencies, financial institutions, and utility companies to provide certain information necessary for the establishment or enforcement of child support obligations; to establish a mandatory new hire reporting program; and to establish a state registry of child support cases."
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 3 - Divorce › Section 20-3-420. Nonresident divorce shall be void if parties were domiciled here.

A divorce from the bonds of matrimony obtained in another jurisdiction shall be of no force or effect in this State if both parties to the marriage were domiciled in this State at the time the proceeding for the divorce was commenced.
HISTORY: 1962 Code Section 20-132; 1952 Code Section 20-132; 1950 (46) 2390.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 3 - Divorce › Section 20-3-430. Prima facie evidence of domicile.

Proof that a person obtaining a divorce from the bonds of matrimony in another jurisdiction was (a) domiciled in this State within twelve months prior to the commencement of the proceeding therefor and resumed residence in this State within eighteen months after the date of his departure therefrom or (b) at all times after his departure from this State and until his return maintained a place of residence within this State shall be prima facie evidence that the person was domiciled in this State when the divorce proceeding was commenced. But the provisions of this section shall not apply in cases of divorce when the decree of divorce was issued prior to June 3, 1950.
HISTORY: 1962 Code Section 20-133; 1952 Code Section 20-133; 1950 (46) 2390.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 3 - Divorce › Section 20-3-440. Construction.

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact substantially identical legislation.
HISTORY: 1962 Code Section 20-134; 1952 Code Section 20-134; 1950 (46) 2390.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 3 - Divorce › Section 20-3-610. Spousal equity and ownership rights.

During the marriage a spouse shall acquire, based upon the factors set out in Section 20-3-620, a vested special equity and ownership right in the marital property as defined in Section 20-3-630, which equity and ownership right are subject to apportionment between the spouses by the family courts of this State at the time marital litigation is filed or commenced as provided in Section 20-3-620.
HISTORY: 2008 Act No. 361, Section 3, eff June 16, 2008.
Editor's Note
Prior laws. 1986 Act No. 522 Section 1; 1976 Code Section 20-7-471.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 3 - Divorce › Section 20-3-630. Marital property; nonmarital property.

(A) The term "marital property" as used in this article means all real and personal property which has been acquired by the parties during the marriage and which is owned as of the date of filing or commencement of marital litigation as provided in Section 20-3-620 regardless of how legal title is held, except the following, which constitute nonmarital property:
(1) property acquired by either party by inheritance, devise, bequest, or gift from a party other than the spouse;
(2) property acquired by either party before the marriage and property acquired after the happening of the earliest of:
(a) entry of a pendente lite order in a divorce or separate maintenance action;
(b) formal signing of a written property or marital settlement agreement; or
(c) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties;
(3) property acquired by either party in exchange for property described in items (1) and (2) of this section;
(4) property excluded by written contract of the parties. "Written contract" includes any antenuptial agreement of the parties which must be considered presumptively fair and equitable so long as it was voluntarily executed with both parties separately represented by counsel and pursuant to the full financial disclosure to each other that is mandated by the rules of the family court as to income, debts, and assets;
(5) any increase in value in nonmarital property, except to the extent that the increase resulted directly or indirectly from efforts of the other spouse during marriage.
Interspousal gifts of property, including gifts of property from one spouse to the other made indirectly by way of a third party, are marital property which is subject to division.
(B) The court does not have jurisdiction or authority to apportion nonmarital property.
HISTORY: 2008 Act No. 361, Section 3, eff June 16, 2008.
Editor's Note
Prior laws. 1986 Act No. 522 Section 1; 1976 Code Section 20-7-473.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 3 - Divorce › Section 20-3-640. Declining values of contributions.

In determining the value of contributions prior to making an equitable apportionment, the court:
(1) shall make findings of fact from credible evidence of the values of property and services, if any;
(2) is empowered to take judicial notice of official reports of the federal and state governments, including official bulletins, publications, and reports of general public interest where these reports are made and published by authority of law or have been adopted by state statute;
(3) has the authority to appoint experts as necessary for the purpose of valuation of property and contributions and to assess the cost against any or all parties to the action.
HISTORY: 2008 Act No. 361, Section 3, eff June 16, 2008.
Editor's Note
Prior laws. 1986 Act No. 522 Section 1; 1976 Code Section 20-7-474.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 3 - Divorce › Section 20-3-650. Sequestration of property.

(A) At any stage of a proceeding under this article where it appears to the court that personal jurisdiction may not be obtained over an absent party or where a party refuses to comply with an order of the court, the court may, upon appropriate petition, order the sequestration of that party's real and personal property which is within this State. The court may also appoint a sequestrator and, by injunction or otherwise, authorize the sequestrator to take the property into possession and control. In the case of an absent party, the court may appoint the party residing in this State as sequestator.
(B) The property sequestered and the income from it may be applied in whole or in part, at the direction of the court and as justice may require, so as to achieve an equitable apportionment of property as set forth in this article.
(C) Additionally, the court, in its discretion, if the property and income from it which may be sequestered is insufficient to pay what is required, may, upon terms and conditions as it considers in the interests of justice, direct the mortgaging of or the public or private sale of a sufficient amount of the sequestered property to pay what is required.
(D) The family court in which the action is filed has jurisdiction and venue to sequester property located within this State.
(E) The remedies in this section are cumulative to all other remedies which may be available to the parties.
HISTORY: 2008 Act No. 361, Section 3, eff June 16, 2008.
Editor's Note
Prior laws. 1986 Act No. 522 Section 1; 1976 Code Section 20-7-475.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 3 - Divorce › Section 20-3-660. Court's authority to achieve equitable apportionment.

(A) The court may direct a party to execute and deliver any deed, bill of sale, note, mortgage, or other document necessary to carry out its order of equitable apportionment. If a party so directed fails to comply, the court may direct the clerk of court in the county in which the property involved is situate to execute and deliver the document, and this performance by the clerk is as effective as the performance of the party would have been. The court in making an equitable apportionment may order the public or private sale of all or any portion of the marital property upon terms it determines.
(B) The court may utilize any other reasonable means to achieve equity between the parties, which means are subject to and may not be inconsistent with the other provisions of this article and may include making a monetary award to achieve an equitable apportionment. Any monetary award made does not constitute a payment which is treated as ordinary income to the recipient under either the provisions of Chapter 6, Title 12 or, to the extent lawful, under the United States Internal Revenue Code.
HISTORY: 2008 Act 361, Section 3, eff June 16, 2008.
Editor's Note
Prior laws. 1986 Act No. 522 Section 1; 1976 Code Section 20-7-476.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 3 - Divorce › Section 20-3-670. Notice of pendency of action.

(A)(1) In a proceeding under this article, either party may record a notice of the pendency of proceedings in the manner provided in civil actions generally, which has the same effect as a notice in civil actions. The rights and interests of each spouse in the other's property created by this article are not effective against third parties:
(a) with regard to any parcel of real property in which an interest under this article is claimed until a Notice of Pendency of Action is filed as provided in Section 15-11-10 with the clerk of court of the county in which such parcel of real property is situated; and
(b) with regard to personal property, until the third party has received written notice from either spouse in a proceeding under this article that marital litigation has been filed.
(2) Prior rights and interests of third parties:
(a) in real property are not affected by filing a Notice of Pendency of Action; and
(b) in personal property are not affected by receipt of written notice of such a filing.
(B)(1) Upon entry of judgment against a party requiring payment of money or transfer of property, whether by interlocutory order or final decree, a party may apply to the court for issuance of a transcript of judgment in the form prescribed in Section 20-3-680. This transcript may be recorded in the office of the clerk of court of common pleas and indexed in the books of abstracts of judgments of any county of this State as provided by law.
(2) After the order or decree has been duly recorded and indexed in the office of the clerk of court of common pleas, the order or decree has all force and effect of judgments of the courts of common pleas as provided by law, the recording and indexing constituting record notice to all persons of the order or decree recorded and indexed.
(3) The recordation and filing of a transcript of judgment does not prevent the court from exercising any equitable or other presently existing power of enforcement of the order or decree which is within its jurisdiction.
(C) The statutory lien created by Section 20-3-145 is not effective as against third parties unless this section has been complied with.
HISTORY: 2008 Act No. 361, Section 3, eff June 16, 2008.
Editor's Note
Prior laws. 1986 Act No. 522 Section 1; 1987 Act No. 14 Section 2; 1976 Code Section 20-7-477.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 3 - Divorce › Section 20-3-680. Form of transcript of judgment.

A transcript of judgment may be substantially in the following form:
STATE OF SOUTH CAROLINA COUNTY OF IN THE FAMILY COURT , Petitioner, vs. , TRANSCRIPT OF JUDGMENT Respondent.
NOTICE IS HEREBY GIVEN that in the above-captioned proceeding, (family court docket # of proceeding or domestic judgment #), filed in the family court of the State and county aforesaid, judgment was entered against __________, the _________ in the action, on the ___ day of __________, 20__, [in the amount of __________, as and by reason of (an award of attorney's fees, equitable division of property, etc.)] OR (requiring conveyance to __________ of the real property described as following:) Attorneys of record are __________, representing the petitioner and __________, representing the respondent.
FURTHER NOTICE IS GIVEN that interest will accrue at the statutory rate from the ___ day of ___________, 20__, together with costs in the amount of __________.
Judge of the Family Court place date .
HISTORY: 2008 Act No. 361, Section 3, eff June 16, 2008.
Editor's Note
Prior laws. 1986 Act No. 522 Section 1; 1976 Code Section 20-7-478.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 3 - Divorce › Section 20-3-690. Subject matter jurisdiction over contracts.

The family courts of this State have subject matter jurisdiction over all contracts relating to property which is involved in a proceeding under this article and over the construction and enforcement of those contracts.
HISTORY: 2008 Act No. 361, Section 3, eff June 16, 2008.
Editor's Note
Prior laws. 1986 Act No. 522 Section 1; 1976 Code Section 20-7-479.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 4 - Protection From Domestic Abuse › Section 20-4-20. Definitions.

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.
HISTORY: 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 1, 2006.
Validity
For validity of (b) of this section, see Jane Doe v. State of South Carolina, 421 S.C. 490, 808 S.E.2d 807 (2017), rehearing granted (Nov. 17, 2017).
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 4 - Protection From Domestic Abuse › Section 20-4-30. Jurisdiction.

(A) The family court has jurisdiction over all proceedings under this chapter except that, during nonbusiness hours or at other times when the court is not in session, the petition may be filed with a magistrate. The magistrate may issue an order of protection granting only the relief provided by Section 20-4-60(a)(1).
(B) Except as provided in subsection (C), actions for an order of protection must be filed in the county in which:
(1) the alleged act of abuse occurred;
(2) the petitioner resides or is sheltered, unless the petitioner is a nonresident of the State;
(3) the respondent resides, unless the respondent is a nonresident of the State; or
(4) the parties last resided together.
(C)(1) If the action is filed in the county in which the petitioner resides or is sheltered and the respondent is a nonresident of that county, the petitioner must request that the action be immediately transferred to another county in which venue is proper and must include a supplemental petition that designates the transfer county and that changes all specific references to the county of filing to the transfer county. The clerk of court must transfer and forward the supplemental petition to the transfer county.
(2) If the petitioner is a nonresident of the State, the action must be filed in the county specified in item (1), (3), or (4) of subsection (B).
(3) If the respondent is a nonresident of the State, the petitioner may request that the action be immediately transferred to another county in which venue is proper and must include a supplemental petition that designates the transfer county and that changes all specific references to the county of filing to the transfer county. The clerk of court must transfer and forward the supplemental petition to the transfer county.
(D) Hearings on the petition may be held in any county in the same judicial circuit as the county in which the action is filed or to which the action is transferred.
HISTORY: 1984 Act No. 484, Section 2; 2002 Act No. 329, Section 1, eff June 18, 2002.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 4 - Protection From Domestic Abuse › Section 20-4-40. Petition for order of protection.

There is created an action known as a "Petition for an Order of Protection" in cases of abuse to a household member.
(a) A petition for relief under this section may be made by any household members in need of protection or by any household members on behalf of minor household members.
(b) A petition for relief must allege the existence of abuse to a household member. It must state the specific time, place, details of the abuse, and other facts and circumstances upon which relief is sought and must be verified.
(c) The petition must inform the respondent of the right to retain counsel.
(d) In a pending action for divorce or separate support and maintenance, the petition for relief shall be brought in the form of a motion for further relief and shall be served on counsel of record, if any. Where no action is pending, the petition shall be filed and served as an independent action. A pending motion or petition for relief shall not be dismissed solely because the underlying action is dismissed.
(e) The clerk of court must provide simplified forms which will facilitate the preparation and filing of a petition under this section by any person not represented by counsel, including motions and affidavits to proceed in forma pauperis.
(f) The clerk of court may not charge a fee for filing a petition for an order for protection from domestic abuse.
HISTORY: 1984 Act No. 484, Section 2; 1994 Act No. 519, Section 4, eff September 23, 1994; 1996 Act No. 396, Section 1, eff June 4, 1996; 2005 Act No. 166, Section 8, eff January 1, 2006.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 4 - Protection From Domestic Abuse › Section 20-4-50. Hearing on petition.

(a) Within twenty-four hours after service of a petition under this chapter upon the respondent, the court may, for good cause shown, hold an emergency hearing and issue an order of protection if the petitioner proves the allegation of abuse by a preponderance of the evidence. A prima facie showing of immediate and present danger of bodily injury, which may be verified by supporting affidavits, constitutes good cause for purposes of this section.
(b) If the court denies the motion for a twenty-four-hour hearing or such a hearing is not requested, the petitioner may request and the court must grant a hearing within fifteen days of the filing of a petition. The court must cause a copy of the petition to be served upon the respondent at least five days prior to the hearing, except as provided in subsection (a), in the same manner required for service in the circuit courts. Where service is not accomplished five days prior to the hearing, the respondent, upon his motion, is entitled to a continuance until such time is necessary to provide for compliance with this section.
HISTORY: 1984 Act No. 484, Section 2; 2002 Act No. 329, Section 2, eff June 18, 2002.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 4 - Protection From Domestic Abuse › Section 20-4-65. Order of protection from domestic abuse; filing fee.

A person seeking an order of protection from domestic abuse pursuant to the provisions of this chapter is not required to pay the filing fee as provided in Section 8-21-310(C)(1).
HISTORY: 2005 Act No. 166, Section 9, eff January 1, 2006.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 4 - Protection From Domestic Abuse › Section 20-4-70. Duration of order of protection; modification of terms.

(A) An order of protection issued under Section 20-4-60 must be for a fixed time not less than six months nor more than one year unless the parties have reconciled as evidenced by an order of dismissal and may be extended or terminated by order of the court upon motion by either party showing good cause with notice to the other party. A respondent has the right to a hearing on the extension of an order issued pursuant to this section within thirty days of the date upon which the order will expire. If the parties reconcile, the issuing court may grant an order of dismissal without a hearing if the petitioner receiving the order of protection to be dismissed appears personally at the offices of the issuing court, shows proper identification, and signs a written request to dismiss based on the reconciliation.
(B) Provisions included in an order of protection granting relief pursuant to Section 20-4-60(C) must be enforced until further order of the court following the issuance of the order unless before the expiration of the period the court has scheduled a hearing pursuant to the filing of an action for divorce or separate support and maintenance to determine the temporary rights and obligations of the parties with respect to support of a spouse or children, custody and visitation, or the distribution of personal property. If the hearing has been scheduled, relief granted under Section 20-4-60(C) remains in effect until an order pursuant to the hearing is issued by the court.
(C) The family court may modify the terms of any order issued under this section.
(D) An order of protection issued by a magistrate expires as provided under the terms of the order or upon the issuance of a subsequent order by the family court, whichever occurs first.
HISTORY: 1984 Act No. 484, Section 2; 1995 Act No. 138, Section 3, eff June 28, 1995; 1998 Act No. 270, Section 1, eff April 7, 1998.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 4 - Protection From Domestic Abuse › Section 20-4-80. Mailing or service of order.

A certified copy of an order of protection must be mailed to or served upon the petitioner, the respondent, and local law enforcement agencies having jurisdiction in the area where the petitioner resides. No charge may be made to the petitioner for such action.
HISTORY: 1984 Act No. 484, Section 2; 2005 Act No. 166, Section 10, eff January 1, 2006.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 4 - Protection From Domestic Abuse › Section 20-4-90. Sheriff's department to assist in execution of order.

When any order is issued pursuant to this chapter, upon request of the petitioner, the court may, as part of the order, require the sheriff's department or the police department pursuant to duties described under Section 20-4-100 to accompany the petitioner and assist in placing the petitioner in the possession of the dwelling or residence or otherwise assist in execution of service of the order.
HISTORY: 1984 Act No. 484, Section 2.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 4 - Protection From Domestic Abuse › Section 20-4-100. Responsibilities of law enforcement officer.

The primary duty of a law enforcement officer when responding to a domestic abuse incident is to enforce the laws allegedly violated and to protect the abused person if facts are found which substantiate the complaint. In such incidents, the law enforcement officer must take the following protective measures:
(a) Notify the abused person of the right to initiate criminal proceedings and to seek an order of protection under this chapter.
(b) Advise the parties of the importance of preserving evidence. To provide protection to the petitioner and any minor children, the officer may offer or arrange to provide transportation of the abused person to a hospital for treatment of injuries or to a place of shelter or safety and to accompany the abused person to his or her residence to allow for the removal of clothing, medication, and such personal property as is reasonably necessary.
HISTORY: 1984 Act No. 484, Section 2.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 4 - Protection From Domestic Abuse › Section 20-4-110. Immunity from civil or criminal liability.

Any person who makes a report pursuant to this chapter or who participates in judicial proceedings resulting therefrom, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of such actions. In all such civil or criminal proceedings good faith is rebuttably presumed.
HISTORY: 1984 Act No. 484, Section 2.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 4 - Protection From Domestic Abuse › Section 20-4-120. Actions not affecting right to relief.

The petitioner's right to relief under this chapter is not affected by leaving the residence or household to avoid further abuse.
The petitioner's right to relief under this chapter is not affected by the use of such physical force against the respondent as is reasonably believed by the petitioner to be necessary to defend the petitioner or others from imminent physical injury or abuse.
HISTORY: 1984 Act No. 484, Section 2.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 4 - Protection From Domestic Abuse › Section 20-4-160. Domestic Violence Fund.

(A) There is established the Domestic Violence Fund, a fund separate and distinct from the general fund, in the State Treasury. The fund must be administered by the Department of Social Services and revenues of the fund must be used solely to award grants to domestic violence centers and programs in the State.
(B) In order for a domestic violence center or program to be eligible to receive funds, it must be a nonprofit corporation and must:
(1) have been in operation on the preceding July 1 and continue to be in operation; and
(2) offer the following services:
(a) a twenty-four hour hotline;
(b) transportation services;
(c) community education programs;
(d) daytime services, including counseling; and
(e) other criteria as may be established by the department.
(C) The Domestic Violence Fund must receive its revenue from that portion of marriage license fees provided for in Section 20-1-375 and donations, contributions, bequests, or other gifts made to the fund. Contributions to the fund must not be used to supplant existing funds appropriated to the department for domestic violence programs and grants. Monies in the fund may be carried forward from one fiscal year to the next, and interest earned on monies in the fund must be retained by the fund.
HISTORY: 2001 Act No. 91, Section 1, eff August 22, 2001.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 4 - Protection From Domestic Abuse › Section 20-4-320. Definitions.

For purposes of this article:
(1) "Foreign protection order" means a protection order issued by a tribunal of another state.
(2) "Issuing state" means the state whose tribunal issues a protection order.
(3) "Mutual foreign protection order" means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent.
(4) "Protected individual" means an individual protected by a protection order.
(5) "Protection order" means an injunction or other order, issued by a tribunal under the domestic violence, family violence, or anti-stalking laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with, or physical proximity to, another individual.
(6) "Respondent" means the individual against whom enforcement of a protection order is sought.
(7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band that has jurisdiction to issue protection orders.
(8) "Tribunal" means a court, agency, or other entity authorized by law to issue or modify a protection order.
HISTORY: 2007 Act No. 61, Section 1, eff June 8, 2007.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 4 - Protection From Domestic Abuse › Section 20-4-330. Judicial enforcement of foreign protection order; determining validity of order.

(A) A person authorized by the law of this State to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a tribunal of this State. The tribunal shall enforce the terms of the order, including terms that provide relief that a tribunal of this State would lack power to provide but for this section. The tribunal shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition, or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the tribunal shall follow the procedures of this State for the enforcement of protection orders.
(B) A tribunal of this State may not enforce a foreign protection order issued by a tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order.
(C) A tribunal of this State shall enforce the provisions of a valid foreign protection order, which govern custody and visitation, if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state.
(D) A foreign protection order is valid if it:
(1) identifies the protected individual and the respondent;
(2) is currently in effect;
(3) was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state; and
(4) was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an order ex parte, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the rights of the respondent to due process.
(E) A foreign protection order valid on its face is prima facie evidence of its validity.
(F) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action-seeking enforcement of the order.
(G) A tribunal of this State may enforce provisions of a mutual foreign protection order which favor a respondent only if:
(1) the respondent filed a written pleading seeking a protection order from the tribunal of the issuing state; and
(2) the tribunal of the issuing state made specific findings in favor of the respondent.
HISTORY: 2007 Act No. 61, Section 1, eff June 8, 2007.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 4 - Protection From Domestic Abuse › Section 20-4-340. Enforcement by law enforcement officer; service of order on respondent.

(A) A law enforcement officer of this State, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a tribunal of this State. Presentation of a protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a valid foreign protection order exists. For the purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement.
(B) If a foreign protection order is not presented, a law enforcement officer of this State may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.
(C) If a law enforcement officer of this State determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.
(D) Registration or filing of an order in this State is not required for the enforcement of a valid foreign protection order pursuant to this article.
HISTORY: 2007 Act No. 61, Section 1, eff June 8, 2007.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 4 - Protection From Domestic Abuse › Section 20-4-350. Registration; presentation to family court; affidavit of currency; entry in state or federal registry; fee.

(A) Any individual may register a foreign protection order in this State. To register a foreign protection order, an individual shall present a certified copy of the order to the family court.
(B) Upon receipt of a foreign protection order, the family court shall register the order in accordance with this section. After the order is registered, the family court shall furnish to the individual registering the order a certified copy of the registered order.
(C) The family court shall register an order upon presentation of a copy of a protection order, which has been certified by the issuing state. A registered foreign protection order that is inaccurate or is not currently in effect must be corrected or removed from the registry in accordance with the law of this State.
(D) An individual registering a foreign protection order shall file an affidavit by the protected individual in the family court stating that, to the best of the protected individual's knowledge, the order is currently in effect.
(E) A foreign protection order registered under this article may be entered in any existing state or federal registry of protection orders, in accordance with applicable law.
(F) A fee may not be charged for the registration of a foreign protection order.
HISTORY: 2007 Act No. 61, Section 1, eff June 8, 2007.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 4 - Protection From Domestic Abuse › Section 20-4-360. Immunity.

This State or a local governmental agency, or a law enforcement officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in an official capacity, is immune from civil and criminal liability for an act or omission arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the act or omission was done in good faith in an effort to comply with this article.
HISTORY: 2007 Act No. 61, Section 1, eff June 8, 2007.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 4 - Protection From Domestic Abuse › Section 20-4-370. Remedies available to protected individual.

A protected individual who pursues remedies under this article is not precluded from pursuing other legal or equitable remedies against the respondent.
HISTORY: 2007 Act No. 61, Section 1, eff June 8, 2007.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 4 - Protection From Domestic Abuse › Section 20-4-375. Filing false protection order; criminal penalty; civil liability.

(A) A person who knowingly or wilfully makes, presents, files, or attempts to file a false, fictitious, or fraudulent foreign protection order is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both, in the discretion of the court.
(B) If a family court determines that a person has knowingly or wilfully made, presented, filed, or attempted to file a false, fictitious, or fraudulent foreign protection order, the respondent is entitled to recover from the person who made, presented, filed, or attempted to file the report such relief as may be appropriate, including:
(1) actual damages;
(2) punitive damages; and
(3) a reasonable attorney's fee and other litigation costs reasonably incurred.
HISTORY: 2007 Act No. 61, Section 1, eff June 8, 2007.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 4 - Protection From Domestic Abuse › Section 20-4-380. Construction of act.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
HISTORY: 2007 Act No. 61, Section 1, eff June 8, 2007.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 4 - Protection From Domestic Abuse › Section 20-4-390. Severability.

If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this article, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
HISTORY: 2007 Act No. 61, Section 1, eff June 8, 2007.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 4 - Protection From Domestic Abuse › Section 20-4-395. Applicability.

This article applies to protection orders issued before July 1, 2007, and to continuing actions for enforcement of foreign protection orders commenced before July 1, 2007. A request for enforcement of a foreign protection order made after June 30, 2007, for violations of a foreign protection order occurring before July 1, 2007, is governed by this article.
HISTORY: 2007 Act No. 61, Section 1, eff June 8, 2007.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 5 - Property Rights Of Married Women › Section 20-5-10. Powers of wife as to property and contracts generally.

A married woman may purchase any species of property in her own name and take proper legal conveyances therefor and may bind herself by contract in the same manner and to the same extent as though she were unmarried. All such contracts shall be legal and obligatory and may be enforced at law or in equity by or against such married woman in her own name, apart from her husband.
HISTORY: 1962 Code Section 20-201; 1952 Code Section 20-201; 1942 Code Section 8575; 1932 Code Section 8575; Civ. C. '22 Section 5540; Civ. C. '12 Section 3761; Civ. C. '02 Section 2668; G. S. 2037; R. S. 2167; 1897 (20) 1121; Const. 1895 Art. 17 Section 9.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 5 - Property Rights Of Married Women › Section 20-5-20. Power of wife to convey, bequeath, and devise separate property; descent.

A married woman shall have power to bequeath, devise or convey her separate property in the same manner and to the same extent as if she were unmarried and, dying intestate, her property shall descend in the same manner as the law provides for the descent of the property of husbands. All deeds, mortgages and legal instruments of whatever kind shall be executed by her in the same manner and have the same legal force and effect as if she were unmarried.
HISTORY: 1962 Code Section 20-202; 1952 Code Section 20-202; 1942 Code Section 8574; 1932 Code Section 8574; Civ. C. '22 Section 5539; Civ. C. '12 Section 3760; Civ. C. '02 Section 2667; G. S. 2036; R. S. 2166; 1870 (14) 325.
2023 South Carolina Code of Laws › Title 20 - Domestic Relations › Chapter 5 - Property Rights Of Married Women › Section 20-5-30. Wife's property is not subject to husband's debts.

The real and personal property of a married woman, whether held by her at the time of her marriage or accrued to her thereafter, either by gift, grant, inheritance, devise, purchase or otherwise, shall not be subject to levy and sale for her husband's debts but shall be her separate property.
HISTORY: 1962 Code Section 20-203; 1952 Code Section 20-203; 1942 Code Section 8572; 1932 Code Section 8572; Civ. C. '22 Section 5537; Civ. C. '12 Section 3758; Civ. C. '02 Section 2665; G. S. 2035; R. S. 2164; 1870 (14) 325.