Being accused of domestic violence is serious under any circumstances, but the consequences are even more severe if you are currently on probation or parole in South Carolina.

A new domestic violence charge can jeopardize your freedom, trigger a probation or parole violation, and lead to additional penalties, including the possibility of going back to jail or prison.

If you or a loved one is facing this situation, it’s critical to understand how the legal process works and what steps can be taken to protect your rights.

Understanding Domestic Violence Laws in South Carolina

South Carolina law classifies domestic violence offenses under S.C. Code § 16-25-10 through § 16-25-130. Domestic violence occurs when a person causes physical harm, or offers or attempts to cause physical harm, to a household member.

The law recognizes multiple degrees of domestic violence, including:

• DVHAN: Domestic Violence of a High and Aggravated Nature is a felony and carries the harshest penalties.
• First Degree: The second most serious domestic violence charge, which is felony.
• Second Degree: Is a misdemeanor that carries up to three (3) years in jail, involves moderate physical harm, a minor child being present, or prior convictions.
• Third Degree: The least severe but still a criminal offense with possible jail time.

The severity of the charge and potential penalties increase based on prior convictions, the extent of the injuries, and whether a weapon was involved. South Carolina domestic violence laws are strictly enforced, particularly when a person is under court supervision.

What Does a New Charge Mean While on Probation or Parole?

If you are on probation or parole, being charged with domestic violence in South Carolina does not just mean you will be facing a new criminal case — it also means you may have violated the terms of your supervised release.

Probation Violations

When you are on probation, you are expected to comply with strict conditions, including:

• Obeying all state and federal laws;
• Not committing new criminal offenses; and
• Reporting to your probation officer as scheduled

A probation violation for domestic violence in South Carolina, even without a conviction, can trigger a violation hearing. According to S.C. Code § 24-21-460, the court may revoke all or part of your probation if it finds that a violation occurred. This could result in serving the remainder of your sentence behind bars.

Parole Violations

Parole, which allows for early release from prison under supervision, also requires strict compliance with certain rules.

If you are arrested on parole in South Carolina for domestic violence, the South Carolina Department of Probation, Parole, and Pardon Services (SCDPPPS) may issue a warrant for your arrest.

Under S.C. Code § 24-21-680, parole can be revoked after a hearing if the board finds that a violation occurred. A parole revocation for domestic violence in South Carolina could mean returning to prison to serve the remainder of your original sentence.

Does an Arrest Alone Trigger a Violation?

Yes, in many cases. While a conviction isn’t always required to initiate a probation or parole revocation, an arrest for domestic violence is often enough to start the process.

Probation and parole officers typically have discretion to report new criminal charges to the court or parole board, even if the case hasn’t yet gone to trial.

During a revocation hearing, the burden of proof is lower than in a criminal trial. The judge or parole board only needs to find that it is “more likely than not” that a violation occurred. This means you could face incarceration even if your new domestic violence charge in South Carolina is later dismissed or reduced.

Potential Consequences of a Violation

Facing a domestic violence charge while on probation or parole exposes you to a range of legal consequences:

• Incarceration: You could be ordered to serve some or all of your suspended sentence (if on probation) or your original sentence (if on parole).
• Loss of Parole Eligibility: A revocation may make you ineligible for future parole consideration.
• Additional Charges: You must still defend against the new domestic violence charge, which could result in additional penalties including jail, fines, counseling requirements, and a permanent criminal record.
• Restraining Orders: Courts often issue a No-Contact Order or a Permanent Restraining Order, further limiting your rights.

Your Legal Options and Defense Strategy

If you’re accused of domestic violence while on probation or parole in South Carolina, the situation is urgent but not hopeless. You have the right to legal representation and a fair hearing in both your new criminal case and your probation or parole violation proceeding.

Some potential defense strategies may include:

• Challenging the credibility of the accusation or showing that the alleged conduct did not meet the legal definition of domestic violence
• Demonstrating compliance with all other terms of probation or parole, which may persuade a judge or board to allow continued supervision
• Negotiating for reduced charges or alternative sentencing, such as counseling or anger management programs

An attorney experienced in domestic violence charges and probation violations can evaluate the circumstances and advocate on your behalf during both proceedings.

Frequently Asked Questions (FAQ)

 

1. Can I be sent back to jail for being arrested, even if I’m not convicted?

Yes.

While a conviction isn’t always required, an arrest for domestic violence while on probation or parole can trigger a violation hearing. A judge or parole board may revoke your supervision based on the arrest alone.

2. Will I face new charges and a probation/parole violation at the same time?

Yes.

You may face two separate proceedings: one for the new domestic violence charge and another for the alleged violation of probation or parole. Each carries its own potential consequences.

3. Can a domestic violence charge be dropped if the alleged victim doesn’t want to press charges?

Not necessarily.

In South Carolina, the prosecutor can proceed with the case even if the alleged victim wants to drop it, especially in domestic violence cases.

4. What should I do first if I’m accused of domestic violence while on probation or parole?

Contact a criminal defense attorney immediately.

Time is crucial to protecting your rights and preparing your defense in both the criminal and probation/parole matters.

Take Action Immediately

Time is critical if you’ve been accused of domestic violence while on probation in South Carolina. Delays can increase your risk of being detained, having your probation or parole revoked, or facing additional legal consequences.

Don’t assume that the issue will resolve on its own — taking proactive steps with the help of a qualified legal advocate is essential.

A domestic violence charge while on probation or parole can put your freedom in jeopardy and carry life-altering consequences.

In South Carolina, these situations are treated with serious concern by both the courts and the parole board. However, understanding your rights and securing strong legal representation can make a significant difference in the outcome.

If you or someone you care about is facing a domestic violence accusation while on probation or parole, contact our office today for a confidential consultation.

We’ll review your situation, explain your legal options, and fight to protect your future.

Don’t wait — contact us now to schedule your consultation and take the first step toward building your defense.