South Carolina Bill S. 702, currently before the Senate Judiciary Committee, would make coercive control a standalone criminal offense and require family court judges to consider patterns of controlling behavior when making custody determinations. If enacted, the bill would expand domestic violence definitions under S.C. Code § 16-25-20, add coercive control as explicit grounds for divorce, and extend protections to dating partners who do not live together — a population currently excluded from the state's domestic violence framework.
Key Facts
| Detail | Summary |
|---|---|
| What happened | South Carolina Senate introduced Bill S. 702 to criminalize coercive control |
| When | Filed during the 2025 legislative session; in Senate Judiciary Committee as of December 2025 |
| Who is affected | All South Carolina residents in marriages, cohabiting relationships, and dating relationships |
| Key statutes changed | S.C. Code § 16-25-20 (domestic violence definitions), S.C. Code § 20-3-10 (grounds for divorce) |
| Custody impact | Judges must weigh coercive control patterns under S.C. Code § 63-15-240 best-interest factors |
| Similar bills nationally | New York and Indiana are advancing parallel coercive control legislation in 2025 |
Why This Bill Changes South Carolina Family Law
Bill S. 702 addresses a structural gap in South Carolina's domestic violence framework that has left non-physical abuse largely invisible to family courts. Under current S.C. Code § 16-25-20, domestic violence requires proof of physical harm or the threat of physical harm. Coercive control — financial manipulation, isolation from family and friends, surveillance, threats to take children, controlling access to transportation or medical care — falls outside that definition even when the pattern of behavior is devastating.
According to FITSNews reporting on the bill, S. 702 would create a standalone criminal offense for coercive control, carrying penalties that align with existing misdemeanor domestic violence charges. The bill defines coercive control as a pattern of behavior that unreasonably restricts another person's autonomy, including controlling finances, monitoring communications, restricting movement, and using threats related to custody or immigration status to maintain dominance.
This is not a theoretical shift. England and Wales criminalized coercive control in 2015 under Section 76 of the Serious Crime Act, and prosecutions there have exceeded 33,000 in the years since. Hawaii became the first U.S. state to criminalize coercive control in 2020, and California followed with its own legislation in 2024. South Carolina would join a growing wave of states recognizing that domestic abuse extends beyond physical violence.
How South Carolina Currently Handles Abuse in Custody Cases
South Carolina family courts already consider domestic violence when determining custody under the best-interest-of-the-child standard outlined in S.C. Code § 63-15-240. Judges weigh factors including each parent's fitness, the child's relationship with each parent, and any history of domestic violence. The problem is definitional: because coercive control is not recognized as domestic violence under current statute, judges have limited ability to treat it as a factor even when evidence is presented.
Under S.C. Code § 20-3-10, South Carolina recognizes five grounds for fault-based divorce: adultery, desertion for one year, physical cruelty, habitual drunkenness, and habitual use of narcotics. Coercive control does not fit neatly into any of these categories. A spouse subjected to years of financial manipulation, isolation, and psychological domination currently has no fault-based ground that captures their experience. Bill S. 702 would add coercive control as a sixth explicit ground for divorce.
The bill also expands the definition of "household member" under S.C. Code § 16-25-10. South Carolina's current domestic violence protections apply to spouses, former spouses, cohabitants, and parents of a shared child. Dating partners who have never lived together are excluded. S. 702 would extend protections to current and former dating relationships regardless of cohabitation — closing a gap that has left many abuse victims without legal recourse.
What the Bill Would Change in Custody Proceedings
The custody implications of S. 702 are significant and specific. The bill would require family court judges to consider documented patterns of coercive control as part of the S.C. Code § 63-15-240 best-interest analysis. In practice, this means that evidence of financial control, surveillance, isolation, and psychological manipulation would carry weight in custody determinations the same way physical violence does today.
Family courts would also gain authority to order specialized evaluations when coercive control is alleged. Guardian ad litem reports and custody evaluations would need to assess patterns of controlling behavior, not just individual incidents. This distinction matters because coercive control is cumulative — no single act may rise to the level of abuse, but the pattern creates an environment of domination.
For attorneys practicing in South Carolina family court, S. 702 would reshape how custody cases are litigated. Documentation of financial records, communication logs, location-tracking evidence, and testimony from friends and family about isolation patterns would become central to custody arguments. The evidentiary standard for coercive control would likely follow the preponderance-of-the-evidence standard used in family court, which is lower than the beyond-a-reasonable-doubt standard required for the criminal charge.
Practical Takeaways for South Carolina Residents
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The bill is not yet law. S. 702 is in the Senate Judiciary Committee and must pass the full Senate, the House, and receive the governor's signature before taking effect. Track the bill's progress through the South Carolina Legislature website.
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Document everything now. Whether or not S. 702 passes, maintaining records of controlling behavior strengthens any future family court case. Save text messages, emails, financial records showing restricted access to accounts, and evidence of surveillance or monitoring. South Carolina courts can already consider this evidence under the broad best-interest standard — the bill would formalize its relevance.
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Understand current protections. Victims of non-physical abuse can still seek Orders of Protection under S.C. Code § 20-4-60 if harassment rises to the level of stalking or threats. The Protection from Domestic Abuse Act already provides emergency relief including temporary custody orders and exclusive possession of the marital home.
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Dating partners should pay attention. The expansion of "household member" to include dating relationships would extend domestic violence protections to a population currently without recourse under South Carolina law. If you are in a controlling dating relationship, the passage of S. 702 would give you access to protective orders and criminal remedies.
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Consult an attorney before the bill passes. If you are planning to file for divorce or custody modification and coercive control is a factor in your relationship, an experienced family law attorney can advise you on how to preserve evidence and position your case regardless of whether S. 702 becomes law.
Frequently Asked Questions
Is coercive control currently illegal in South Carolina?
No. As of March 2026, coercive control is not a standalone criminal offense in South Carolina. Current domestic violence statutes under S.C. Code § 16-25-20 require proof of physical harm or the threat of physical harm. Bill S. 702 would change this by creating a separate criminal charge for patterns of controlling behavior.
What penalties would coercive control carry under Bill S. 702?
Bill S. 702 proposes penalties aligned with existing misdemeanor domestic violence charges under S.C. Code § 16-25-20. A first offense of domestic violence in South Carolina currently carries up to 30 days in jail or a fine up to $2,500. The specific penalty structure for coercive control would be finalized during the committee process.
How would this bill affect my existing custody order?
A parent could petition for custody modification under S.C. Code § 63-15-240 based on a substantial change in circumstances if S. 702 passes. Recognition of coercive control as a factor in custody analysis could provide grounds for modification if a parent can document ongoing controlling behavior that affects the child's best interests.
Which other states have criminalized coercive control?
Hawaii became the first U.S. state to criminalize coercive control in 2020, followed by California in 2024. Connecticut has also enacted coercive control provisions. New York and Indiana are advancing similar bills alongside South Carolina in 2025. Internationally, England and Wales criminalized coercive control in 2015 under the Serious Crime Act, with over 33,000 prosecutions since.
Can I use evidence of coercive control in South Carolina family court right now?
Yes. South Carolina family courts already consider all relevant evidence under the best-interest-of-the-child standard in S.C. Code § 63-15-240. Judges can weigh evidence of controlling behavior even without S. 702. The bill would formalize coercive control as a named factor, making it harder for courts to overlook or minimize non-physical abuse patterns.
South Carolina residents navigating divorce or custody disputes involving controlling behavior can find an exclusive family law attorney in their county through the divorce.law directory.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.