South Carolina’s Special Proceedings for Relief from Victimization (SPRV) offer legal help for individuals experiencing certain types of harm or exploitation. These proceedings have specific procedural and eligibility rules.
Understanding SPRV is important for anyone in South Carolina seeking protection or helping someone through this process. The following sections explain these proceedings.
Applicable State Regulations
South Carolina’s legal framework for SPRV rests on several state laws. The South Carolina Victims’ Bill of Rights (Article I, Section 24, state Constitution) guarantees crime victims fair treatment and protection during legal processes.1Justia Law. Article I Declaration Of Rights
The Protection from Domestic Abuse Act (Title 20, Chapter 4 of the South Carolina Code of Laws) lets household members seek protection orders from Family Court for abuse.2South Carolina Legislature Online. Code of Laws – Title 20 – Chapter 4 – Protection From Domestic Abuse Magistrates can issue temporary orders if Family Court isn’t in session.
State law offers relief for human trafficking victims. They can file civil lawsuits, access the S.C. Victim Compensation Fund, and are guaranteed confidentiality in criminal cases.3Justia Law. South Carolina Code Section 16-3-2060 (2024) – Civil Action for Victim of Trafficking; Statute of Limitations
The Omnibus Adult Protection Act (Title 43, Chapter 35 of the South Carolina Code of Laws) safeguards vulnerable adults from abuse, neglect, and exploitation.4South Carolina Legislature Online. Code of Laws – Title 43 – Chapter 35 – Adult Protection The Department of Social Services investigates and can seek protective orders from family court, including emergency removal.
General state laws support victim services. Law enforcement provides victims with incident reports, rights information, and assistance program details. Prosecuting agencies update victims on case progress and assist with impact statements.
Eligibility Requirements
Eligibility for relief under South Carolina’s protective laws hinges on criteria specific to the individual’s situation and harm.
The Protection from Domestic Abuse Act aids household members (defined in S.C. Code Section 20-4-20 as spouses, former spouses, individuals who have a child together, and cohabiting or formerly cohabiting couples, including same-sex couples as per the Doe v. State Supreme Court decision) facing abuse like physical harm, injury, assault, or threats of physical harm.5Justia Law. South Carolina Code Section 20-4-20 (2024) – Definitions
The Omnibus Adult Protection Act covers vulnerable adults (S.C. Code Section 43-35-10: a person 18+ with physical or mental conditions substantially impairing self-care, including from aging, other dysfunctions, or facility residency).6Justia Law. South Carolina Code Section 43-35-10 (2024) – Definitions It addresses abuse (physical/psychological), neglect (failure to provide care), and exploitation (improper use of funds/assets).
Human trafficking victims qualify if they meet the definition in S.C. Code Section 16-3-2010 (covering recruitment for sex trafficking, forced labor, etc., via force, fraud, or coercion).7Justia Law. South Carolina Code Section 16-3-2010 (2024) – Definitions For victims under 18 in commercial sexual activity, such proof isn’t required.
The Victims’ Bill of Rights defines a victim as someone directly harmed by a crime, potentially including family or representatives if the victim is deceased, a minor, or incapacitated.
Court Filing Procedures
SPRV court filing procedures vary. For a Domestic Abuse Act Order of Protection, individuals file a petition in Family Court (in the county of their residence, the respondent’s residence, or where abuse occurred). S.C. Code Section 20-4-40 waives filing fees for these petitions and sheriff service.8Justia Law. South Carolina Code Section 20-4-40 (2024) – Petition for Order of Protection The petition must detail the abuse and relief sought, using standard forms available from the clerk of court or Judicial Department website. A hearing is often set within fifteen days; expedited hearings are possible if good cause is shown. The respondent must be served with the petition and hearing notice.
For urgent cases, request an emergency hearing for a temporary Order of Protection. Family Court can issue this ex parte with immediate danger, effective until the full hearing. Magistrates can issue temporary orders if Family Court is closed, valid for five to fifteen days, based on abuse evidence.
DSS usually initiates Omnibus Adult Protection Act cases. If a vulnerable adult needs services and consent is absent, DSS petitions family court. For emergencies, DSS can seek ex parte orders for services (possibly removal), with a hearing within seventy-two hours.
Human trafficking victims file civil actions for damages in common pleas court (S.C. Code Section 16-3-2030), per S.C. Rules of Civil Procedure. Victim confidentiality is protected; measures like sealed records can be requested.
Mandatory Procedures for Noncompliance
Knowingly violating a Domestic Abuse Order of Protection has consequences. S.C. Code Section 20-4-70 requires law enforcement to arrest violators (misdemeanor offense) if probable cause exists.9Justia Law. South Carolina Code Section 20-4-70 (2024) – Duration and Modification of Order of Protection The Family Court can also use contempt proceedings.
Noncompliance with the Omnibus Adult Protection Act brings penalties. Obstructing a DSS investigation or interfering with protective services is a misdemeanor. Refusal of court-ordered services can lead to a court review and mandated services if needed for protection.
In human trafficking cases, noncompliance with orders (e.g., victim confidentiality, civil judgments) is handled via the court’s contempt powers, requiring the violator to address the noncompliance.
Enforcement Within the State
State and local agencies cooperate to enforce court orders and protections. Local police and sheriff’s departments primarily enforce Orders of Protection, which are entered into a statewide database. S.C. also enforces valid out-of-state orders.
SLED’s Vulnerable Adults Investigations Unit handles abuse reports in certain facilities and supports local law enforcement.
DSS investigates vulnerable adult abuse in communities (Omnibus Adult Protection Act). If services are court-ordered, DSS helps provide them. Law enforcement can take vulnerable adults into protective custody in emergencies, immediately notifying DSS.
Civil judgments from human trafficking lawsuits are enforced per S.C. Rules of Civil Procedure, using tools like writs of execution, and are valid for ten years.
The Family Court enforces its orders (e.g., Orders of Protection) through contempt proceedings.
Appeals for Adverse Actions
Unfavorable SPRV decisions can be appealed following the S.C. Appellate Court Rules.
Family Court decisions (e.g., domestic abuse, vulnerable adult cases) are appealed to the S.C. Court of Appeals. A Notice of Appeal must be filed with the Family Court clerk within thirty days of receiving written notice of the decision; this deadline is firm.10South Carolina Judicial Branch. Rule 203 – Notice of Appeal
The appellant prepares the record on appeal (case documents, transcripts) for the appellate court. Both sides submit written briefs. The Court of Appeals reviews for legal errors and evidentiary support for factual findings. Oral arguments may occur.
Appeals from human trafficking civil judgments (court of common pleas) similarly go to the Court of Appeals, with a thirty-day notice.
S.C. Supreme Court review is possible by petitioning for a writ of certiorari, usually within thirty days of the Court of Appeals’ decision. The Supreme Court selects cases involving novel legal questions or significant public interest.