What Happened
A top prosecutor in South Carolina's Upstate region is reportedly calling attention to what she describes as a serious gap in the state's domestic violence laws. According to local reporting, the 13th Circuit Solicitor — a former domestic violence shelter worker — is urging lawmakers to extend formal protective-order access to people in dating relationships, not just those who are married, live together, or share a child.
Under current South Carolina law, as described in the reporting, only certain categories of people can automatically seek an order of protection against an alleged abuser. People who are only dating their abuser reportedly fall outside that definition and must instead pursue a different legal tool — a restraining order — which officials say is generally slower and offers narrower coverage.
Advocates quoted in the coverage say South Carolina is one of just a handful of states that have not expanded formal domestic violence protections to include dating partners. State law enforcement data cited in the report reportedly indicates that nearly 45% of intimate-partner homicides and about 44% of intimate-partner assaults in the state involved dating relationships rather than married or cohabiting couples.
Two prior bills aimed at closing this gap reportedly failed to pass at the Statehouse. The prosecutor says changing the law should be a priority, and in the meantime her office is reportedly working to connect dating-violence survivors with the same victim advocates and specialized resources available to other domestic violence survivors.
Why It Matters Legally
This story sits at the intersection of family law and criminal law — two areas that often overlap when intimate-partner violence is involved. Orders of protection (sometimes called protective orders or civil protection orders) are a core family-law remedy. They generally let a judge order an alleged abuser to stop contacting, approaching, or coming near the person seeking protection, and a violation can usually trigger immediate arrest.
The legal question raised by this news is who counts as a "family" or "household" member for purposes of accessing those orders. Each state defines that term differently. In some states, dating partners are explicitly included. In others — like South Carolina, according to the reporting — they are not, which may force survivors into a slower general civil process instead of the faster, more comprehensive domestic violence track.
Lawyers and advocates watch cases and policy debates like this because the definition of a qualifying relationship can determine:
- How quickly a judge can issue an emergency order
- What conduct the order can restrict (contact, firearms possession, location)
- Whether police can arrest on sight for a violation
- Whether the survivor qualifies for specialized victim-advocate programs
Who Could Be Affected
If a state's protective-order statute does not include dating partners, several groups may face extra hurdles when seeking court help, including:
- People in non-cohabiting dating relationships, including younger adults who may not yet live with a partner
- LGBTQ+ individuals whose relationships may not fit older statutory definitions in some jurisdictions
- College students who may date someone they do not live with and do not share a child with
- Survivors of stalking or harassment by someone they briefly dated
- Family members and friends who may be trying to help a loved one navigate the system
How Cases Like This Generally Work
In the family-law space, a typical protective-order case generally moves through a few predictable stages, though the details vary by state.
1. Initial filing. The person seeking protection (sometimes called the petitioner) generally files a sworn statement describing what happened and why they fear further harm. In many states, there is no filing fee for domestic violence petitions.
2. Emergency or temporary order. A judge may issue a short-term order the same day, often without the alleged abuser present (an "ex parte" order). This typically lasts only until a full hearing can be held.
3. Full hearing. Both sides generally get a chance to appear, present evidence, and call witnesses. Evidence that often matters includes text messages, call logs, photos of injuries, police reports, medical records, and statements from people who witnessed incidents.
4. Final order. If the judge finds the legal standard is met, a longer-term order may be entered, usually lasting from several months to a few years depending on the state.
5. Enforcement. A violation of a valid order is generally a criminal offense on its own, separate from any underlying assault or harassment charges.
When dating partners are not covered by the domestic violence statute, a lawyer would typically look at whether a general civil restraining order, a stalking-specific order, or criminal charges (such as harassment, assault, or stalking) might fit the facts. Timelines for general restraining orders are often longer, and the available protections may be narrower.
A lawyer reviewing a situation like this would generally want to see documentation of the relationship, any pattern of threatening or controlling behavior, and any prior contact with police. Deadlines can be tight, so acting quickly is typically important.
What to Watch Next
Readers following this story may want to keep an eye on:
- New legislation in South Carolina that would expand the definition of "household member" or create a dating-violence category
- How neighboring and comparable states (including places like Arizona and West Virginia, which have their own approaches) handle dating-partner protections
- Court decisions interpreting existing restraining-order statutes in dating-violence contexts
- Local prosecutor policies that may expand victim-advocate services to dating-violence survivors even without a change in state law
- Nonprofit and shelter resources that may fill the gap while the law catches up