Legal Question in Criminal Law in South Carolina
Criminal domestic violence
In South Carolina can someone be charged with criminal domestic violence against an ex-father-in-law? I have never lived in the same house as him. Can you indicate as to where I can confirm your answer?
1 Answer from Attorneys
Re: Criminal domestic violence
There are 5 elements to the crime:
1. causing, or
2. under circumstances reasonably creating fear of imminent peril offering or attempting to cause with the apparent present ability to do so
3. physical harm or injury
4. to a menber
5. of the defendant's household.
As to number 3, "to a member." This is defined as:
"...a spouse, former spouses, parents and children, persons related by blood or affinity within the second degree, persons who have a child in common, and a male and a female who are cohabiting or have formerly cohabited."
As to your last question regarding confirming my answer. I direct your attention to the South Carolina Code, Section 16-25-10