Protective Order Violations in South Carolina: Understanding Criminal Charges in Columbia Courts

Violating a protective order in South Carolina is a serious offense that can lead to severe legal consequences, especially if you’re navigating the courts in Columbia or surrounding areas like Lexington, Camden, or Union. Did you know that a first violation of a protective order in South Carolina can lead to up to 30 days in jail? Whether the violation was accidental or intentional, the courts treat these offenses with heavy scrutiny. Understanding the legal implications and how local courts handle these charges is essential for anyone facing allegations. Thompson & Hiller Defense Firm is ready to defend your rights and help you navigate these complex legal waters.

What Are Protective Orders in South Carolina?

Under South Carolina Code § 16-25-20, protective orders (also known as restraining orders) are designed to prevent an individual from contacting or coming near another person. Most commonly used in cases of domestic violence or harassment, these orders are legally enforceable, and even minor violations can escalate to criminal charges.

There are three types of protective orders issued in South Carolina:

• Emergency Orders: Issued quickly, often without the accused present. Common when immediate protection is necessary, such as after a domestic dispute.
• Temporary Orders: Typically granted after a court hearing, these orders can last several months.
• Permanent Orders: Issued for long-term protection, often after significant evidence of ongoing threats or violence.

Different counties may approach the filing and enforcement of these orders slightly differently:

• In Richland County, the Family Court process may prioritize immediate safety and offer expedited hearings, particularly in cases involving domestic violence.
• Lexington County courts may focus more on ensuring that both parties have ample opportunity to present evidence during hearings.
• In Kershaw County, protective orders often involve community-based interventions as part of their legal strategy to prevent escalation.

Common Violations in Columbia

Given the population density and frequent gatherings in areas like Five Points or the Vista, accidental violations of protective orders are more common than one might think. However, local law enforcement takes these violations seriously. Some typical violations in the Columbia area include:

• Being in Restricted Areas: If the protected individual is near locations like USC, workplaces, or popular public areas, and you happen to cross paths, you could unintentionally violate the order. Even accidental presence near the protected person is often treated harshly.
• Electronic Communication Violations: South Carolina law treats any form of contact—whether a text, email, or social media comment—as a violation. In Richland County, there’s been a recent rise in cases where social media activity, such as indirect mentions or tags, has led to violation charges. Remember, even if you don’t intend to communicate, these actions can still count as breaches.
• Third-Party Contact: Another common violation is asking a mutual friend or family member to communicate on your behalf. This can occur when the person under protection shares a social circle with the accused, complicating boundaries and interactions.

Penalties for Violating a Protective Order

In South Carolina, protective order violations carry stiff penalties that can escalate depending on the nature of the violation. Here’s what you can expect:

• First Offense: Typically classified as a misdemeanor, punishable by up to 30 days in jail or a fine. Even if it’s your first violation, Columbia-area courts tend to take these offenses seriously, especially if there’s evidence of harassment or physical proximity to the victim.
• Subsequent Violations: If you’ve previously violated the protective order, penalties can escalate significantly. Multiple violations can lead to felony charges, carrying extended jail time and fines. In counties like Richland and Lexington, repeat offenders are less likely to be granted leniency during bond hearings.
• Bond Considerations: In Richland County, bond is often set at the Alvin S. Glenn Detention Center, and the courts may impose strict conditions, such as house arrest or mandatory GPS tracking, depending on the severity of the violation.

Defense Strategies Tailored for Columbia Courts

At Thompson & Hiller, we recognize that every violation case is unique, and we build a defense based on the specifics of your situation. Here’s how we approach protective order violations:

• Understanding Local Law Enforcement: We have extensive experience working with Columbia PD, Richland County Sheriff’s Department, and USC Police to gather evidence that supports your case. For instance, if you were in a public space, such as a restaurant or event, at the time of the alleged violation, we can challenge whether it was truly intentional.
• Tailoring Your Defense by County: Different counties in the Columbia metro area handle these cases differently. In Lexington County, for instance, we may focus on building a defense around procedural errors, such as improper service of the order. In Richland County, where courts are more familiar with campus-related disputes, we might focus on mitigating factors like accidental proximity in a crowded public area.
• Evaluating Evidence: We gather all necessary evidence, including text messages, phone records, and even security footage to build a robust defense. If the violation involves digital communication, we’ll explore the context of the messages to demonstrate that they were not intended to violate the order.

Impact on Daily Life in Columbia

Violating a protective order doesn’t just result in criminal penalties—it can impact your personal and professional life in ways you might not expect. Some of the most significant effects include:

• Job Security: For state employees or contractors working in Fort Jackson or other government positions, a violation can lead to suspension or termination. This is especially true for jobs that require high levels of security clearance or trust.
• Housing Difficulties: Many rental properties and housing complexes, especially in downtown Columbia and near USC, have strict policies about criminal records. Even a misdemeanor protective order violation can make it difficult to secure housing.
• Academic Consequences: Students at the University of South Carolina may face additional disciplinary actions from the university, including suspension or expulsion, if they’re found guilty of violating a protective order. These violations can also affect financial aid or scholarship eligibility.
• Military Impact: Active-duty service members stationed at Fort Jackson could face court-martial or discharge if the violation results in a conviction. The military takes criminal charges very seriously, especially when they involve domestic issues or harassment.

What Happens If You’re Accused of a Violation?

If you’ve been accused of violating a protective order, here’s what you should do immediately:

1. Contact an Attorney: The first and most important step is to reach out to a qualified criminal defense attorney. At Thompson & Hiller, we have extensive experience defending clients in Richland, Lexington, Kershaw, and other counties, and we can begin crafting your defense strategy right away.
2. Gather Evidence: Document everything related to the violation, whether it’s a text conversation, GPS records, or witnesses who can confirm your location. The more evidence you can provide, the stronger your defense will be.
3. Understand the Terms: Violations often occur because individuals don’t fully understand the restrictions placed on them. Make sure you review the order with your attorney to avoid future violations.

Conclusion

Facing protective order violation charges can feel overwhelming, but with the right legal strategy, it’s possible to defend yourself and avoid the most severe consequences. At Thompson & Hiller Defense Firm, we are committed to helping you navigate the local court system, whether you’re in Richland, Lexington, Kershaw, or Union counties. Our team will work tirelessly to protect your rights and minimize the impact of these charges on your life. If you’re facing charges or have been accused of violating a protective order, contact us today for a consultation—your defense starts here.