South Carolina Code 20-4-100. Responsibilities of law enforcement officer
Current as of: 2023 | Check for updates
|
Other versions
The primary duty of a law enforcement officer when responding to a domestic abuse incident is to enforce the laws allegedly violated and to protect the abused person if facts are found which substantiate the complaint. In such incidents, the law enforcement officer must take the following protective measures:
(a) Notify the abused person of the right to initiate criminal proceedings and to seek an order of protection under this chapter.
Terms Used In South Carolina Code 20-4-100
- Abuse: means :
(1) physical harm, bodily injury, assault, or the threat of physical harm;
(2) sexual criminal offenses, as otherwise defined by statute, committed against a family or household member by a family or household member. See South Carolina Code 20-4-20 - Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Order of protection: means an order of protection issued to protect the petitioner or minor household members from the abuse of another household member where the respondent has received notice of the proceedings and has had an opportunity to be heard. See South Carolina Code 20-4-20
- Personal property: All property that is not real property.
- Petitioner: means the person alleging abuse in a petition for an order of protection. See South Carolina Code 20-4-20
(b) Advise the parties of the importance of preserving evidence. To provide protection to the petitioner and any minor children, the officer may offer or arrange to provide transportation of the abused person to a hospital for treatment of injuries or to a place of shelter or safety and to accompany the abused person to his or her residence to allow for the removal of clothing, medication, and such personal property as is reasonably necessary.