{"id":376259,"date":"2016-03-31T21:36:41","date_gmt":"2016-04-01T02:36:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-carolina-law\/south-carolina-protective-orders-laws.html"},"modified":"2025-05-29T13:11:27","modified_gmt":"2025-05-29T18:11:27","slug":"south-carolina-protective-orders-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-carolina-law\/south-carolina-protective-orders-laws.html","title":{"rendered":"South Carolina Protective Orders Laws"},"content":{"rendered":"\n
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South Carolina Protective Orders Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Often called restraining orders, protective orders are legally enforceable documents issued by the South Carolina family courts. They demand that the person named in the document stay a certain distance from the person seeking the protection.<\/p>\r\n

Some protective orders<\/a> forbid a person from going to certain places, even if the protected person is not there. The courts use protective orders to protect abused spouses and other victims of domestic violence, including stalking victims and children.<\/p>\r\n

If a person named in a protective order violates the terms of the order, it is a criminal offense. The offender will face possible jail time and further censure by the court. While this may seem like a deterrent, a restraining order is often a temporary solution to a bigger problem.<\/p>\r\n

This article explains how to obtain a protective order in South Carolina. It also examines how South Carolina law treats these orders and the people who violate them.<\/p>\r\n

What Does a Protective Order Do?<\/b><\/h2>\r\n

Protection orders are not a perfect deterrent in every harmful scenario, but they can provide a victim of stalking or domestic abuse<\/a> with some criminal and civil recourse if a stalker or abuser violates an order.<\/p>\r\n

When someone threatens to harm the petitioner, a family court judge often issues a restraining order as a stop-gap measure. It protects the victim until the family law judge can hold a formal hearing.<\/p>\r\n

If the threat is imminent or if the victim is in imminent danger of harm, the clerk of court can schedule an emergency hearing. This way, the victim doesn\u2019t have to wait weeks for the magistrate court to issue a final order of protection.<\/p>\r\n

Who Can File for an Order of Protection in South Carolina?<\/b><\/h2>\r\n

You must meet specific requirements to qualify for a protective order in South Carolina. A judge isn\u2019t going to issue a temporary restraining order to someone who complains that their significant other threatened to break up with them. The threat must be imminent, and it must be real.<\/p>\r\n

The following people can apply for an order of protection:<\/p>\r\n