South Carolina H 3603: Domestic Violence

Bill Text

2025-2026 Bill 3603 Text of Previous Version (Dec. 12, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3603

Indicates Matter Stricken
Indicates New Matter

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

A bill

TO AMEND THE SOUTH 
CAROLINA CODE OF LAWS BY AMENDING SECTION 20-4-20, RELATING TO DEFINITIONS, SO 
AS TO CHANGE THE DEFINITION OF "HOUSEHOLD MEMBER" AND TO DEFINE "DATING 
RELATIONSHIP"; AND BY AMENDING SECTION 20-4-40, RELATING TO PETITIONS FOR AN 
ORDER OF PROTECTION, SO AS TO DESIGNATE PEOPLE WHO CAN APPLY FOR AN ORDER OF 
PROTECTION ON BEHALF OF A MINOR.

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

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

 (b) "Household member" means:

 (i)(1) a spouse;

 (ii)(2) a former spouse;

 (iii)(3) persons who have a child in common;

 (iv) a male and female 
who are cohabiting or formerly have cohabited.(4) persons who are cohabiting or formerly have cohabited; or

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

SECTION 2. Section 20-4-20 of the S.C. Code is amended by adding:

 (g)(1) 
"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.

 (2) 
"Dating relationship" does not include a casual relationship or ordinary 
fraternization between two individuals in a business or social context.

SECTION 3. 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 membersa 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 order for protection from domestic abuse.

SECTION 4. This act takes effect upon approval 
by the Governor.

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This web page was last updated on December 12, 2024 at 04:42 PM