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1997 South Carolina Attorney General Reports and Opinions 1 (1997)

handle is hein.sag/sagsc0081 and id is 1 raw text is: The State of South Carolina
OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLON) CONDON
ATTORNEY GE\ IR AI
{January 3, 1997
H. Spencer King, Esquire
Spartanburg City Attorney
P. 0. Drawer 3188
Spartanburg. South Carolina 29304-3188
Re: Informal Opinion
Dear Mr. King:
L               You note that the Spartanburg Department of Public Safety has had a policy of
suspending officers charged with domestic violence.  You indicate that [i]f the
Department determines that the charge is meritorious, the officer is suspended without
pay and if the Department determines that the charge is not meritorious, the suspension
is with pay. You further state, however, that
in recent months, we have seen a noticeable increase in the
number of injunctions issued for protection from domestic
violence.  The City's policy is to make an investigation to
determine if there are grounds to justify the claim of domestic
violence. In those situations where there is no history of
domestic violence by the officer, does the mere issuance of a
restraining order require that the officer be suspended from
duty and/or that his city-issued firearm be taken? We are
encountering situations where the mere filing of the restraining
order may require us to remove an officer from patrol whom
we would not otherwise remove. (emphasis added).
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