South Carolina lawmakers are considering a major expansion of the state’s domestic violence statutes through a bill that would create a new criminal offense known as coercive control. The legislation aims to address non-physical forms of abuse that often precede physical violence, shifting the state’s approach to domestic safety.
Under current South Carolina law, domestic violence charges generally require evidence of physical injury, an attempted injury, or a direct threat of physical harm. The proposed bill would close what advocates describe as a legal gap regarding emotional and psychological manipulation.
Defining Coercive Control
The legislation defines coercive control as a pattern of behavior that intentionally interferes with an individual’s personal liberty and free will. Prohibited behaviors under this new criminal category would include:
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Isolating an individual from their friends or family members.
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Restricting access to financial resources or monitoring spending.
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Tracking communications, such as phone calls, emails, and social media.
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Using intimidation, degrading language, or fear to exert power.
Proponents of the bill argue that these behaviors are significant warning signs that often escalate into physical violence if left unaddressed by the legal system.
Expanding Domestic Protections
In addition to creating a new offense, the bill would broaden the legal definition of a household member. Currently, the law primarily applies to spouses, people living together, or those who share a child. The new proposal would include individuals in current or former dating relationships, even if the parties never resided in the same household.
Impact on Family Law and Custody
The reach of the bill extends into the family court system, introducing several significant changes to civil law:
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Divorce Grounds: Criminal domestic violence, stalking, and harassment would be added as official grounds for divorce.
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Redefining Abuse: The legal definition of abuse in family court would be expanded to include coercive control, harassment, and stalking.
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Child Custody: Judges would be required to consider whether a parent has engaged in coercive or stalking behaviors when determining the best interests of a child in custody disputes.
Proving Non-Physical Abuse
While the bill would bring South Carolina in line with federal standards—which already recognize coercion in cases such as human trafficking—questions have been raised regarding how these crimes would be proven in court. Supporters of the measure indicate that prosecutors would rely on documented evidence and established patterns of behavior to build their cases.
The bill has been referred to a House committee and is expected to be taken up for consideration when the General Assembly returns to Columbia in 2026.
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