Attorney James Snell recently spoke to a state-wide group of Magistrate Court judges on the topic of South Carolina Criminal Domestic Violence Law. This event, help on September 9, 2025, was organized by South Carolina Court Administration, to provide Magistrate Court judges with their required continuing legal education program. It is an annual two-day training program made available to judges from around the state on a variety of legal topics. Mr. Snell presented during the portion related to domestic violence cases.
The topics including a general discussion of domestic violence law, beginning with the base-level accusations that can support a DV 3rd charge. This includes for both an illegal act, and a household member relationship between the parties. That illegal act must be physical harm, an attempt at physical harm or an offer of imminent harm (imminent means immediate). The household member relationship is met when the parties are married, formerly married, cohabitate, formally cohabited, or have children together. Cohabitate is not clearly defined by SC, but generally means live together in a way suggestive of sexual relations.
There was also a review of the enhancement that can enhance a domestic violence case to a DV 2nd degree, 1st degree or DVHAN. These can include factors such as having children present, use of a firearm, more significant injuries or a prior history of domestic violence convictions. Additional topics discussed including considerations for bond related to domestic violence defenses, as well as the procedures available to assist magistrate court judges in enforcing any bond restrictions.
About James Snell
James Snell has been representing clients charged with misdemeanor and felony domestic violence cases for over 20 years. He is a graduate of the University of South Carolina School of Law, and has a masters degree from Harvard University. He is the author of Challenging CDV, now in its third edition. This is the book written on the topic of defense of South Carolina domestic violence criminal charges.
Free Consultations Available
We offer free consultations to those charged with domestic violence in South Carolina. Same-day appointments are typically available. To schedule your appointment call us at (803) 359-3301. Appointments are held in our downtown Lexington office located at 123 Harmon Street.