Nurses accused of domestic violence in Columbia, Sumter, Orangeburg, and other areas of South Carolina must not just consider the potential legal ramifications. The possibility that the South Carolina Board of Nursing may sanction your license is one to take seriously.
Whether such an allegation is informal, formally reported to the Board, results in a legal case, prompts an Order of Protection, or results in some combination of these outcomes, you should not wait to speak with the LLF National Law Firm Professional License Defense Team.
Under some circumstances, you may need (or simply choose) to report an allegation or criminal conviction to the South Carolina Board of Nursing. If the Board formally investigates you, having an experienced advocate leading your defense will—our experience tells us—prove a wise decision.
This page is powerful in its own right, as it equips you with vital information on reporting rules, the professional implications of Orders of Protection, potential defenses against license sanctions, and other concerns specific to this topic.
For answers, advocacy, and peace of mind in the face of a serious allegation of domestic violence, call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online.
Defining “Domestic Violence” and “Order of Protection” Per South Carolina Statutes
Nurses who work in Lexington, West Columbia, Cayce, and other locales in the Midlands operate within the bounds of South Carolina laws and statutes. Therefore, we must define some jargon specific to those laws and statutes, including:
Domestic Violence
An offense may qualify as “domestic violence” in South Carolina if said offense affects a “household member,” which may be a nurse’s:
- Current spouse
- Former spouse
- Co-parent
- Male or female party with whom the nurse is presently or formerly “cohabiting” (living together)
The specific offenses that fall under South Carolina’s domestic violence statutes are:
- Assault and battery
- Threats that cause fear of imminent bodily harm
- Use of a deadly weapon
- Certain forms of criminal sexual conduct
- Property damage (particularly if it coincides with threats of bodily harm)
The two primary criteria for a domestic violence offense in South Carolina are:
- That the accused caused “physical harm or injury to a person’s own household member”
- That the accused “offered” or “attempted” to cause physical harm or bodily injury “with apparent present ability under circumstances reasonably creating fear of imminent peril”
When one or both of these circumstances are present, and the purported victim qualifies as a “household member,” a nurse may find themselves facing a formal allegation of domestic violence.
South Carolina law also introduces aggravating factors that may enhance the severity of a criminal charge. These factors may include, but are not limited to:
- Use of a deadly weapon
- Causing serious bodily injury
- Prior domestic violence convictions
- A minor being present at the time of the alleged offense(s)
- Unlawful entry to a residence in the commission of the offense
Any way you read these statutes, South Carolina authorities regard domestic violence offenses as uniquely serious, and may charge an accused nurse accordingly with a serious misdemeanor or felony.
Order of Protection
South Carolina’s family court has the authority to grant an order of protection against a nurse accused of domestic violence. The state’s Protection from Domestic Abuse Act defines an order of protection as an order “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.”
Violating an order of protection, which may be in place as a response to alleged domestic violence, can be a violation of the state’s “Protection from Domestic Abuse Act,” exposing a nurse to additional (serious) criminal penalties.
What Are the Criteria for Imposing an Order of Protection Against a Nurse in South Carolina?
Family courts governing Columbia, Sumter, Orangeburg, Forest Acres, Newberry, and other locales in the Midlands may grant an order of protection if they believe the petitioner (the person seeking the order) needs protection “from the abuse of another household member.”
Whether the court orders an emergency hearing or not, the nurse accused of domestic violence is generally entitled to “notice of the proceedings” and “an opportunity to be heard.”
These entitlements are critical considering just how significantly an order of protection can adversely impact a nurse’s life and career. Because “hearings on petition” related to an order of protection are considered urgent matters, you should contact our Professional License Defense Team right away.
What Are the Professional Implications of an Order of Protection in the Columbia Area?
An effective Columbia nurse domestic violence defense involves the legal battles and challenges that a nurse faces—those legal realities can directly impact the professional fallout you might face.
We see this legal-professional connection clearly when considering how a court-ordered order of protection might impact you as a nurse. Depending on the provisions of a particular order of protection, a nurse might:
- Have to leave their residence, which can disrupt their ability to do their stressful, cognitively intensive job
- Lose custody of their children, which might interfere with their mental state and jeopardize their effectiveness as a nurse
- Be forbidden from being present in locations where the petitioner is—in some cases, that might include the accused nurse’s own workplace
- Be required to attend counseling or education programs that conflict with their professional schedule
In almost every case, the respondent named in an order of protection will find their personal and professional lives become substantially more difficult as a result of the order.
Our Professional License Defense Team has helped nurses nationwide address such difficult circumstances strategically, all while making critical decisions about how to protect their nursing licenses.
Do Nurses Accused of Domestic Violence in the Columbia Area Have to Report It to the Nursing Board?
One cannot say that a nurse in the Midlands “does” or “does not” have to report an allegation of domestic violence to the South Carolina Board of Nursing (or the South Carolina Department of Labor, Licensing and Regulation, which the nursing board operates under).
Instead, South Carolina statutes grant the Board of Nursing the authority to sanction a nurse’s license if the nurse “failed to report incompetent or unprofessional practice of a licensed nurse to the appropriate authorities, including the board.”
This language introduces a quandary: The nurse must judge whether they believe their actions constitute “incompetent or unprofessional practice.” Some of the factors you and our Professional License Defense Team should consider when deciding whether to self-report your present circumstances are:
- The merit of any allegation(s) leveled against you
- Legal realities, including whether you were arrested (or have been charged) as a result of a domestic violence allegation
- Your feeling about whether a conviction for a criminal offense is likely
- Whether your employer knows of the allegation against you, or whether you plan to report the allegation to your employer (they may feel an obligation then to report your circumstances to the Board of Nursing)
- The likelihood that the South Carolina Board of Nursing will learn of the allegation in the absence of a self-report, perhaps due to a complaint filed by your accuser
Self-reporting can be a strategically sound decision. When a nurse in South Carolina seeks to renew their license, “the department may require a state criminal records check.” Therefore, if a nurse does not self-report an allegation of domestic violence that eventually results in a conviction or guilty plea, they may:
- Merely prolong the South Carolina Board of Nursing investigation into the allegation of domestic violence
- Appear as if they were trying to conceal the allegation, should the Board of Nursing learn of that allegation on its own
Our Professional License Defense Team will help you evaluate the potential requirements, benefits, and risks of self-reporting, then make the decision that most protects your nursing license.
Does a Nurse in the Columbia Area Have to Report an Order of Protection Against Them?
There is no explicit mandate that a nurse named in an Order of Protection report the existence of that Order to the South Carolina Board of Nursing. Deciding whether to self-report such an Order, then, may require another risk-reward analysis conducted with the assistance of our Professional License Defense Team.
A Checklist of Factors to Weigh When Deciding Whether to Report to the South Carolina Board of Nursing
Here are a few questions we can help you answer and evaluate when deciding whether to proactively report an allegation of domestic violence against you:
- Is the allegation against you false or exaggerated?
- Have you previously been found responsible for domestic violence?
- Is your employer aware of these circumstances?
- Is the Board of Nursing likely to learn of the allegation on its own?
- Do you think the allegation will eventually lead to a guilty plea or conviction?
- Are you more comfortable “getting out ahead of it” or letting sleeping dogs lie?
There is no single answer to the question of “should I self-report an allegation of domestic violence to the South Carolina Board of Nursing?” One benefit of having our experienced team on your side is that we provide personalized guidance and counsel, helping you reach the decision that makes the most sense to you.
What Happens After the South Carolina Board of Nursing Discovers Alleged Domestic Violence by a Nurse?
The South Carolina Board of Nursing has a clear stake in closely monitoring nurses. If the Board is unaware of a nurse being charged with domestic violence, for example, the Board risks looking negligent if that fact eventually comes to light.
Expect that the South Carolina Board of Nursing could realistically discover your present circumstances, whether through:
- A self-report from you
- A complaint filed directly with the South Carolina Department of Labor, Licensing and Regulation, through its Office of Investigations and Enforcement (OIE), which an accuser, employer, or other party may submit online (with relative ease)
- Its active monitoring of South Carolina’s public court records
- The license renewal process
If the Board learns that you have been accused of domestic violence, it is reasonable to anticipate a subsequent investigation into your conduct.
What to Expect from a Board of Nursing Investigation Into Your Conduct
The South Carolina Department of Labor, Licensing, and Regulation explains that, when a complaint is filed against a nurse, the subsequent process entails:
- A “complaint analyst” reviewing the complaint to ensure jurisdiction and potentially contacting the complainant for additional information
- The complaint being assigned to an investigator, who notifies the accused nurse in writing that a complaint has been filed against them
- The investigation moving ahead (with or without a response from the accused nurse)
- The completion of an Investigation Review Conference (IRC) involving “counsel, the chief investigator, the Board administrator, and a professional member(s) appointed by the Board”
- A recommendation being submitted to the South Carolina Board of Nursing, which may then pursue a formal complaint
- The accused nurse participating in a hearing before the Board of Nursing
- The Board issuing its decision
- The accused nurse possibly exercising their right to appeal sanctions within 30 days of receiving notice
Do not let one more minute pass without preparing yourself for this process, which is not always conducted fairly.
Will the South Carolina Board of Nursing Discipline Me Based on an Allegation of Domestic Violence?
Nurses are not evaluated solely for their conduct within the confines of Prisma Health, the Lexington Medical Center, or other workplaces in the Columbia area. Their conduct outside of work can also be scrutinized and cited as grounds for professional discipline.
So, yes, your license could be suspended and even revoked if the South Carolina Board of Nursing determines you’ve committed a statutory violation. Whether your license is ultimately sanctioned could depend largely on the effectiveness of your defense.
A Criminal Defense Lawyer May Help You, But They Are Not Responsible for Your Career. We Will Be.
Domestic violence allegations are particularly troubling for nurses. Not only do they often face criminal proceedings, but their nursing licenses could also be revoked, given the profession’s close regulation.
These are allegations to take seriously, not just from a legal standpoint, but from a professional perspective.
Call the LLF National Law Firm Professional License Defense Team today at 888-535-3686 or contact us online to discuss any domestic violence allegation(s) you face, and how we will work to protect your license in the face of such serious allegations.