South Carolina Protection Orders Now Cover Minor Children

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South Carolina Protection Orders Now Cover Minor Children

South Carolina Protection Orders Now Cover Minor Children
Can minor children receive orders of protection in South Carolina even if they don’t technically meet the definition of “household member”? The South Carolina Court of Appeals answered yes in a groundbreaking 2023 decision.
Case Overview: Taylor v. Taylor (2023)

In Taylor v. Taylor, 439 S.C. 272 (2023), the South Carolina Court of Appeals reversed a family court decision and held that minor children living in a household can receive orders of protection under the Protection from Domestic Abuse Act, even when they don’t meet the strict statutory definition of “household member.”

The Facts
Diannia Taylor petitioned the family court for an order of protection against her husband, Reginald Taylor, based on allegations of physical and sexual abuse. She also alleged that her husband had molested A.R., her minor daughter from a previous relationship. Mother sought protection for herself and A.R., as well as custody of the couple’s minor sons.

At the emergency hearing, the parties reached an agreement regarding the order of protection for Mother. The family court granted that order, finding that Husband had abused both Mother and A.R. However, the court ruled it could not include A.R. in the order of protection because A.R. did not meet the definition of “household member” under the Act.

Mother appealed this decision.

The Legal Issue: Who Qualifies as a “Household Member”?
The Protection from Domestic Abuse Act defines “household member” as:

1. A spouse
2. A former spouse
3. Persons who have a child in common
4. A male and female who are cohabiting or formerly have cohabited

S.C. Code Ann. § 20-4-20(b)

Under this narrow definition, A.R. (the minor stepdaughter) did not qualify as a household member because she was not a spouse, former spouse, did not have a child in common with the abuser, and was not a cohabitant in the romantic sense contemplated by the statute.

The Court’s Analysis: Protecting Minor Household Members
The Court of Appeals examined the Protection from Domestic Abuse Act as a whole and found critical language that the family court had overlooked. Specifically, the Act repeatedly refers to “minor household members” in several key sections:

Key Statutory Provisions
Definition of “Order of Protection”: The Act defines an order of protection as “an order of protection issued to protect the petitioner or minor household members from the abuse of another household member.” S.C. Code Ann. § 20-4-20(f) (emphasis added)

Who Can Petition: “A petition for relief under this section may be made by any household members in need of protection or by any household members on behalf of minor household members.” S.C. Code Ann. § 20-4-40(a) (emphasis added)

The Court’s Reasoning
The Court of Appeals applied fundamental principles of statutory construction:

No Surplusage: Courts must interpret statutes so that “no word, clause, sentence, provision or part shall be rendered surplusage, or superfluous.” If the legislature only intended to protect minors who already met the narrow definition of “household member,” there would be no need to add the word “minor” before “household members” throughout the Act.

Legislative Intent: Despite multiple amendments to the Act since 1984, the legislature has consistently retained the phrase “minor household members.” This suggests a deliberate intention to protect minors beyond those who meet the technical definition of household member.

Absurd Results: The Court noted that interpreting the Act to exclude most minor children would lead to an absurd result: “an Act that allows a petitioner living in a household with a domestic abuser to deploy the Act to protect their pets but not their children.” Under S.C. Code Ann. § 20-4-60(C)(8), the Act allows protection of pet animals, making it illogical to exclude vulnerable children.

Statutory Purpose: The Act’s purpose is “to protect victims from domestic violence that occurs within the home and between members of the home.” Excluding minor children would defeat this fundamental purpose.

The Court’s Holding
The Court of Appeals held that “minor household member” includes all minors who need protection and who live in the same household as a petitioner and an abusive household member, not just minors who meet the strict definition of “household member” set forth in section 20-4-20(b).

Because A.R. was a minor living in the same home as the petitioner (Mother) and the alleged abuser (Husband), the family court erred by not granting an order of protection to A.R.

Practical Implications for Family Law Practice
This decision has significant implications for domestic violence cases in South Carolina:

Expanded Protection for Children
Minor children who live in a household where domestic abuse is occurring can now receive orders of protection, regardless of their biological or legal relationship to the abuser. This includes:

Stepchildren
Foster children
Grandchildren living with grandparents
Nieces and nephews
Any minor child residing in the household

Petition Requirements
An adult household member can petition for an order of protection on behalf of minor household members. This means:

A parent can seek protection for children from an abusive partner
A grandparent can seek protection for grandchildren from an abusive household member
The adult petitioner must meet the definition of household member, but the children do not

Broader Application
The decision recognizes that domestic violence affects entire households, not just the primary victim. Children who witness or experience abuse in the home deserve the same legal protections as adult victims.

What This Means for Victims of Domestic Abuse
If you are in a household where domestic abuse is occurring and you have minor children living with you:

1. You can seek protection for your children even if they are not biologically related to the abuser

2. Stepchildren, foster children, and other minors in your household can be included in orders of protection

3. The court cannot deny protection to minor children solely because they don’t meet the technical definition of “household member”

How to Obtain an Order of Protection for Minor Children
If you need to obtain an order of protection for yourself and minor children in your household:

1. File a petition under the Protection from Domestic Abuse Act
2. List all minor household members who need protection, regardless of their relationship to the abuser
3. Document the abuse that has occurred or been threatened against each person
4. Attend the emergency hearing prepared to present evidence of abuse
5. Cite Taylor v. Taylor if the court questions whether minors can be included

Key Takeaways

The South Carolina Court of Appeals significantly expanded protection for children in domestic violence situations

Minor children living in a household with an abusive household member can receive orders of protection

The technical definition of “household member” does not apply to limit protection for minor children

Courts must interpret the Protection from Domestic Abuse Act to fulfill its purpose of protecting all victims of domestic violence in the home

Conclusion
Taylor v. Taylor represents a critical victory for child protection in South Carolina domestic violence law. By recognizing that the legislature intended to protect vulnerable minors regardless of their technical status as “household members,” the Court of Appeals ensured that children living in abusive situations have access to the legal protections they need.
If you or your children are experiencing domestic abuse, it is crucial to seek legal protection immediately. An experienced family law attorney can help you navigate the process of obtaining an order of protection and ensure that all members of your household receive the protection they deserve.

Need Help Obtaining an Order of Protection?
If you are facing domestic violence and need to protect yourself or the children in your household, contact Klok Law Firm LLC. Our experienced family law attorneys understand the complexities of South Carolina’s Protection from Domestic Abuse Act and can help you obtain the legal protection you need.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every case is unique, and you should consult with a qualified attorney about your specific situation.

Case Citation: Taylor v. Taylor, 439 S.C. 272, 886 S.E.2d 716 (Ct. App. 2023)

By Suzanne Klok|2025-11-12T16:38:01+00:00May 15th, 2024|Order of Protection|Comments Off on South Carolina Protection Orders Now Cover Minor Children

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About the Author: Suzanne Klok

South Carolina Protection Orders Now Cover Minor Children
Can minor children receive orders of protection in South Carolina even if they don’t technically meet the definition of “household member”? The South Carolina Court of Appeals answered yes in a groundbreaking 2023 decision.
Case Overview: Taylor v. Taylor (2023)

In Taylor v. Taylor, 439 S.C. 272 (2023), the South Carolina Court of Appeals reversed a family court decision and held that minor children living in a household can receive orders of protection under the Protection from Domestic Abuse Act, even when they don’t meet the strict statutory definition of “household member.”

The Facts
Diannia Taylor petitioned the family court for an order of protection against her husband, Reginald Taylor, based on allegations of physical and sexual abuse. She also alleged that her husband had molested A.R., her minor daughter from a previous relationship. Mother sought protection for herself and A.R., as well as custody of the couple’s minor sons.

At the emergency hearing, the parties reached an agreement regarding the order of protection for Mother. The family court granted that order, finding that Husband had abused both Mother and A.R. However, the court ruled it could not include A.R. in the order of protection because A.R. did not meet the definition of “household member” under the Act.

Mother appealed this decision.

The Legal Issue: Who Qualifies as a “Household Member”?
The Protection from Domestic Abuse Act defines “household member” as:

1. A spouse
2. A former spouse
3. Persons who have a child in common
4. A male and female who are cohabiting or formerly have cohabited

S.C. Code Ann. § 20-4-20(b)

Under this narrow definition, A.R. (the minor stepdaughter) did not qualify as a household member because she was not a spouse, former spouse, did not have a child in common with the abuser, and was not a cohabitant in the romantic sense contemplated by the statute.

The Court’s Analysis: Protecting Minor Household Members
The Court of Appeals examined the Protection from Domestic Abuse Act as a whole and found critical language that the family court had overlooked. Specifically, the Act repeatedly refers to “minor household members” in several key sections:

Key Statutory Provisions
Definition of “Order of Protection”: The Act defines an order of protection as “an order of protection issued to protect the petitioner or minor household members from the abuse of another household member.” S.C. Code Ann. § 20-4-20(f) (emphasis added)

Who Can Petition: “A petition for relief under this section may be made by any household members in need of protection or by any household members on behalf of minor household members.” S.C. Code Ann. § 20-4-40(a) (emphasis added)

The Court’s Reasoning
The Court of Appeals applied fundamental principles of statutory construction:

No Surplusage: Courts must interpret statutes so that “no word, clause, sentence, provision or part shall be rendered surplusage, or superfluous.” If the legislature only intended to protect minors who already met the narrow definition of “household member,” there would be no need to add the word “minor” before “household members” throughout the Act.

Legislative Intent: Despite multiple amendments to the Act since 1984, the legislature has consistently retained the phrase “minor household members.” This suggests a deliberate intention to protect minors beyond those who meet the technical definition of household member.

Absurd Results: The Court noted that interpreting the Act to exclude most minor children would lead to an absurd result: “an Act that allows a petitioner living in a household with a domestic abuser to deploy the Act to protect their pets but not their children.” Under S.C. Code Ann. § 20-4-60(C)(8), the Act allows protection of pet animals, making it illogical to exclude vulnerable children.

Statutory Purpose: The Act’s purpose is “to protect victims from domestic violence that occurs within the home and between members of the home.” Excluding minor children would defeat this fundamental purpose.

The Court’s Holding
The Court of Appeals held that “minor household member” includes all minors who need protection and who live in the same household as a petitioner and an abusive household member, not just minors who meet the strict definition of “household member” set forth in section 20-4-20(b).

Because A.R. was a minor living in the same home as the petitioner (Mother) and the alleged abuser (Husband), the family court erred by not granting an order of protection to A.R.

Practical Implications for Family Law Practice
This decision has significant implications for domestic violence cases in South Carolina:

Expanded Protection for Children
Minor children who live in a household where domestic abuse is occurring can now receive orders of protection, regardless of their biological or legal relationship to the abuser. This includes:

Stepchildren
Foster children
Grandchildren living with grandparents
Nieces and nephews
Any minor child residing in the household

Petition Requirements
An adult household member can petition for an order of protection on behalf of minor household members. This means:

A parent can seek protection for children from an abusive partner
A grandparent can seek protection for grandchildren from an abusive household member
The adult petitioner must meet the definition of household member, but the children do not

Broader Application
The decision recognizes that domestic violence affects entire households, not just the primary victim. Children who witness or experience abuse in the home deserve the same legal protections as adult victims.

What This Means for Victims of Domestic Abuse
If you are in a household where domestic abuse is occurring and you have minor children living with you:

1. You can seek protection for your children even if they are not biologically related to the abuser

2. Stepchildren, foster children, and other minors in your household can be included in orders of protection

3. The court cannot deny protection to minor children solely because they don’t meet the technical definition of “household member”

How to Obtain an Order of Protection for Minor Children
If you need to obtain an order of protection for yourself and minor children in your household:

1. File a petition under the Protection from Domestic Abuse Act
2. List all minor household members who need protection, regardless of their relationship to the abuser
3. Document the abuse that has occurred or been threatened against each person
4. Attend the emergency hearing prepared to present evidence of abuse
5. Cite Taylor v. Taylor if the court questions whether minors can be included

Key Takeaways

The South Carolina Court of Appeals significantly expanded protection for children in domestic violence situations

Minor children living in a household with an abusive household member can receive orders of protection

The technical definition of “household member” does not apply to limit protection for minor children

Courts must interpret the Protection from Domestic Abuse Act to fulfill its purpose of protecting all victims of domestic violence in the home

Conclusion
Taylor v. Taylor represents a critical victory for child protection in South Carolina domestic violence law. By recognizing that the legislature intended to protect vulnerable minors regardless of their technical status as “household members,” the Court of Appeals ensured that children living in abusive situations have access to the legal protections they need.
If you or your children are experiencing domestic abuse, it is crucial to seek legal protection immediately. An experienced family law attorney can help you navigate the process of obtaining an order of protection and ensure that all members of your household receive the protection they deserve.

Need Help Obtaining an Order of Protection?
If you are facing domestic violence and need to protect yourself or the children in your household, contact Klok Law Firm LLC. Our experienced family law attorneys understand the complexities of South Carolina’s Protection from Domestic Abuse Act and can help you obtain the legal protection you need.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every case is unique, and you should consult with a qualified attorney about your specific situation.

Case Citation: Taylor v. Taylor, 439 S.C. 272, 886 S.E.2d 716 (Ct. App. 2023)