South Carolina S 143: Household Member & Dating Relationship

Bill Text

2025-2026 Bill 143 Text of Previous Version (Feb. 05, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 143

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter 
Stricken

Indicates New Matter

Committee Report

February 5, 2025

S. 143

Introduced 
by Senator Devine 

S. Printed 2/5/25--S.

Read the first time January 14, 2025

________

The committee on Senate Judiciary

To whom was referred a Bill (S. 143) to amend 
the South Carolina Code of Laws by amending Section 20-4-20, relating to 
definitions pertaining to domestic abuse, so as to include persons who are or 
were, etc., respectfully

Report:

That they have duly and carefully considered 
the same, and recommend that the same do pass:

LUKE RANKIN for Committee.

_______

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 20-4-20, RELATING TO DEFINITIONS PERTAINING TO DOMESTIC ABUSE, SO AS TO 
INCLUDE PERSONS WHO ARE OR WERE DATING TO THE LIST OF PERSONS DEFINED AS 
"HOUSEHOLD MEMBER"; AND BY AMENDING SECTION 20-4-40, RELATING TO PETITIONS FOR 
AN ORDER OF PROTECTION, SO AS TO INCLUDE A PARENT, GUARDIAN, LEGAL COUNSEL, OR 
OTHER APPROPRIATE ADULT AS A PERSON WHO CAN PETITION ON BEHALF OF MINORS IN THE 
PERSON'S HOUSEHOLD.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 20-4-20 of the S.C. Code is amended to read:

 Section 
20-4-20. 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.

 (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.

 (iv) persons who are cohabitating or 
formerly have cohabitated; or

 (v) persons who are presently in or have 
formerly been in a dating relationship together.

 (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.

 (g)(i) 
"Dating relationship" means a romantic, courtship, or engagement relationship 
between two individuals that need not include sexual involvement. In addition 
to any other factors the court deems relevant, the court may consider the 
following factors when determining whether a relationship exists or existed:

 (a) the length of the relationship;

 (b) the nature or type of the 
relationship;

 (c) the frequency of interaction between 
the two individuals involved in the relationship; and

 (d) the time since termination of the 
relationship, if applicable.

 (ii) "Dating relationship" does not 
include a casual relationship or ordinary fraternization between two 
individuals in a business or social context.

SECTION 2. Section 20-4-40 of the S.C. Code is amended to read:

 Section 
20-4-40. (A) There is created an action known as a "Petition for an 
Order of Protection" in cases of abuse to a household member.

 (a)(B) A petition for relief under this section may be made 
by any household members in need of protection or by any 
household members a parent, guardian, custodian, 
legal counsel, or other appropriate adult on behalf of minor household 
members.

 (b)(C) 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)(D) The petition must inform the respondent of the right 
to retain counsel.

 (d)(E) 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)(F) 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)(G) The clerk of court may not charge a fee for filing a 
petition for an o