Domestic violence accusations in Upstate South Carolina are an obvious criminal concern, but they can very easily impact your professional life long before you appear in a criminal court. As a Greenville nurse, the South Carolina Board of Nursing has the power to sanction your license, and serious allegations or criminal charges are often enough to place your license and professional future in jeopardy. You don’t need to be on the receiving end of a conviction for the Board to spring into action. It conducts its own investigation and can find you responsible regardless of the outcome of your criminal case.
Don’t leave your license unprotected, and protect your career with the help of our Professional License Defense Team. Contact the LLF National Law Firm today at 888-535-3686 or fill out our confidential online form to get started.
Domestic Violence Concerns for Greenville Nurses
In South Carolina, domestic violence is a serious criminal matter that can result in both misdemeanor and felony charges. State law states that it is unlawful for you to:
- Cause physical harm or injury to a spouse, former spouse, person with whom you share a child, or person with whom you currently or previously shared a residence.
- Attempt or threaten to cause physical harm or injury while causing fear of imminent danger or peril.
That’s just the basic definition. In addition, South Carolina also defines various severity levels that result in different criminal punishments. For example, it is an offense in the first degree if you commit domestic violence while also causing a substantial risk of death or permanent injury, use a firearm, or have previous domestic violence convictions.
The details matter for a criminal case, but they are just as important as they pertain to your South Carolina nurse license. The standards of evidence differ between criminal and license proceedings, and the Board of Nursing has broad authority to take action when it identifies conduct concerns. You can’t rely on a “not guilty” verdict in court to save your license when embroiled in Board investigations and hearings.
The good news is that you don’t need to choose criminal defense over license defense. The LLF National Law Firm has many years of experience assisting nurses facing domestic violence accusations, and we can work with you from day one to build a strong defense when the Board asks questions. Our Professional License Defense Team understands the stakes and can help you protect your nursing career in Greenville and the entire Upstate region.
Orders of Protection and Child Abuse Concerns for Greenville Nurses
Domestic violence situations can get messy, often involving other accusations that present even more risks. For example, another household member can ask the family court for an Order of Protection against you in a domestic abuse case. An Order of Protection may bar you from contacting or threatening the petitioner and from entering certain places, such as a residence, workplace, or school.
Household members can also petition on behalf of a minor child to seek an Order of Protection. This may happen when someone is accusing you of child abuse or neglect, in addition to domestic violence against them. South Carolina’s laws against child abuse and neglect prohibit:
- Inflicting mental or physical injuries on a child.
- Child abandonment.
- Failing to provide a child with adequate protection, food, education, shelter, or clothing.
- Encouraging or condoning delinquent acts.
- Committing sexual offenses or allowing sexual offenses to be committed against a child.
If you are dealing with child abuse or serious domestic violence accusations, your case can pull in the Department of Social Services, law enforcement, family court, and your employer, all at the same time. Criminal defense or family law attorneys can help you fight back against criminal charges and Orders of Protection, but they don’t have the understanding you need to successfully defend your South Carolina nurse license. The LLF National Law Firm should be one of your first calls after learning that someone is accusing you of serious domestic offenses.
Domestic Violence Accusations and the South Carolina Board of Nursing
Even though the South Carolina Board of Nursing doesn’t have direct authority over criminal matters or the issuance of Orders of Protection, you can’t ignore its impact on your domestic violence case. Your nursing license and career in Greenville aren’t easily replaced, and a thorough defense to serious domestic violence accusations should involve a dedicated license defense, as well.
At the most basic level, the Board’s job is to protect the public from harm caused by nurses through oversight and discipline. It establishes standards for South Carolina nurses, issues and renews licenses, and conducts investigations and hearings regarding violations of the state’s Nurse Practice Act or the Professions and Occupations statute. Upon finding a violation, the Board may:
- Fine you.
- Issue a public or private reprimand.
- Restrict your rights as a nurse through probation or education and training requirements.
- Cancel your South Carolina nurse license.
- Suspend your license.
- Revoke your license.
Domestic violence does not directly appear in the Nurse Practice Act as something that the Board can use as justification to discipline your nurse license. However, the Board may consider domestic violence or child abuse as part of many different grounds of disciplinary action, including:
- Being convicted of a felony or a crime involving moral turpitude.
- Committing an act involving a crime of moral turpitude, even without a conviction.
- Engaging in conduct that renders you incompetent to be entrusted with professional responsibilities, duties, or trusts.
- Failing to comply with Board investigations or proceedings, if you attempt to hide criminal charges or convictions.
Yes, the Board is clear that even if you face criminal charges for domestic violence and receive a verdict of “not guilty”, it can still find that you violated state law through an independent investigation. This won’t result in criminal punishment, but it may lead the Board to revoke or restrict your South Carolina nurse license.
Suddenly finding yourself without a career is not a situation you want to be in, and the LLF National Law Firm can help. Our Professional License Defense Team has assisted many Upstate nurses in defending their licenses when they come under threat. You need a solid defense when dealing with serious accusations like child abuse or domestic violence, and we understand what’s at stake.
Reporting Duties and Risk of Discipline for Upstate Nurses
Reporting is one of the easiest places for you to make a potentially career-ending mistake, and you need to be proactive even when it feels like reporting opens you up to Board scrutiny. To start, the South Carolina Board can take disciplinary action against you for acts or omissions that lead to license action in other states. If you work entirely in Greenville, Anderson, and Spartanburg, this likely doesn’t apply. But if you hold a nurse license in another state and cross the border for work, you can’t hide disciplinary action from the South Carolina Board.
Next, license applications and renewals. Even though the Board is the one who may require a full state and federal criminal background check, you can’t omit information about previous convictions or charges during an application. Once the Board discovers the omission, it may seek to revoke or sanction your license for the reporting failure, as well as for the underlying conduct that led to the domestic violence charges or convictions.
You aren’t the only one who has reporting duties, however. South Carolina requires your employer or supervisor to report potential misconduct and concerns to the Board. You can’t always hope to keep the matter quiet while you sort out your court case.
There is no safe strategy in waiting, especially when the consequences of failing to disclose certain information can be so severe. But it’s also a good idea to be strategic when you make a report, given that your career, license, and future are at stake. The LLF National Law Firm can help you determine what your reporting requirements are under South Carolina law, present that information in the most favorable light possible, and prepare for potential disciplinary proceedings by the Board. Get in touch with our Professional License Defense Team as soon as you learn that someone has accused you of child abuse or domestic violence in Upstate South Carolina.
Complaint and Discipline Process for South Carolina Nurses Accused of Domestic Violence
The South Carolina Board of Nursing is the ultimate authority in the state for most decisions involving the profession, but the Department of Labor, Licensing, and Regulation (LLR) oversees licensing and investigations. LLR’s Office of Investigation and Enforcement (OIE) investigates complaints against nurses, and your license may be at risk if you receive outreach from this office. The LLF National Law Firm has direct experience coordinating with the OIE and working with Upstate nurses to protect their licenses. Contact our Professional License Defense Team at the first sign of trouble and let us help prevent domestic violence accusations from derailing your career in Greenville.
Complaints
LLR intakes complaints from employers and members of the public and screens them to determine if the Board of Nursing has jurisdiction. As mentioned, your employer has a duty to make certain mandatory reports, and LLR even provides explicit direction to employers about what they must report. Included on this list of ‘definitely reportable conduct events’ are criminal charges and convictions for all misdemeanors and felonies. So, as soon as your employer learns about domestic violence charges against you, LLR likely isn’t far behind.
Investigation
When the OIE begins an investigation, it will notify you of the complaint and provide you with an opportunity to respond. You don’t have to respond, but the investigation will continue regardless. Investigators may drop in on your workplace, issue subpoenas for records, and conduct interviews to determine the validity of the allegations in your complaint. For a case involving domestic violence, investigators may also seek information from law enforcement.
At the end of the investigation, the investigator will hold an Investigation Review Conference to decide whether the Board should file a formal complaint, issue a letter of caution, or dismiss your case entirely. Regardless of the investigator’s recommendation, the Board of Nursing has the authority to move forward with a disciplinary case or not.
LLR allows you to work with attorneys during your disciplinary case. You should take advantage of this right and contact the LLF National Law Firm after receiving notice of a complaint against you. Complaints involving domestic violence can lead to severe license sanctions, and our Professional License Defense Team will do all we can to keep your license out of harm’s way.
Formal Complaint
If the Board does not dismiss the case or issue a non-disciplinary letter of caution, it will begin the process of issuing a formal complaint. Typically, you and the LLF National Law Firm can negotiate with the Board to reach a consent agreement before proceeding to a full disciplinary hearing. Consent agreements are an agreement between you and the state about the facts of the case, the violations, and the sanctions you will receive. Consent agreements still lead to Board orders and include the potential for severe sanctions, so always work with our Professional License Defense Team to secure the best negotiated resolution possible.
Hearing
Hearings are contested cases under the South Carolina Administrative Procedures Act. You’re on one side, and the state is on the other, represented by an LLR attorney. You have the right to be represented by an attorney, and the LLF National Law Firm can handle all aspects of your formal hearing to give you the best odds of a successful license defense.
The state has the burden to prove the complaint’s allegations, but this is complicated for domestic violence situations. If you already have a conviction, that might be all the proof the state needs to clearly show a violation of the Nurse Practice Act. But if your complaint merely contains allegations, the state will have a much harder time proving its case.
Going to a hearing isn’t always the best option if you can end your case early through a consent agreement. Our Professional License Defense Team will review your case and help you decide the best way to keep your license free of sanctions following accusations of child abuse or domestic violence in Upstate South Carolina.
Final Order and Appeal
If your case isn’t dismissed after a hearing, the Board’s final order contains its findings of fact and conclusions of law, along with any sanctions you face. You also have the right to appeal the Board’s final order to the Administrative Law Court within 30 days of an adverse order.
Protect Your Nurse License in Greenville and Anderson
Just because someone accuses you of domestic violence doesn’t mean you should suffer in all aspects of your life. Defending against criminal charges is vitally important, but so is protecting your professional reputation and career. The LLF National Law Firm has direct experience representing Upstate South Carolina nurses facing domestic violence and child abuse allegations, and we can help from day one of your case.
Call our Professional License Defense Team today at 888-535-3686 or contact us through our website to get started.