South Carolina Protective Orders Laws

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.

Some protective orders 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.

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.

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.

What Does a Protective Order Do?

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

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.

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’t have to wait weeks for the magistrate court to issue a final order of protection.

Who Can File for an Order of Protection in South Carolina?

You must meet specific requirements to qualify for a protective order in South Carolina. A judge isn’t 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.

The following people can apply for an order of protection:

• Current or former spouses
• Current or former cohabitants
• Family members
• Household members

The family court is likely to issue a protective order to a petitioner experiencing the following:

• Sexual abuse
• Physical harm
• Bodily injury
• The threat of physical harm
• Sexual criminal offense at the hands of the respondent
• Assault

The South Carolina code specifies that the petitioner and respondent must be of the opposite sex. However, in Doe v. State, the courts held that same-sex couples can also apply for an order of protection.

Types of Protective Orders Available in South Carolina

South Carolina law offers four types of protective orders. The only protective court order that requires the petitioner to have a special relationship with the respondent is an order of protection. For restraining orders the respondent can be anyone, not just a family member or household member.

You can apply for the following types of orders through South Carolina’s Magistrate Court:

• Order of Protection
• Restraining Order
• Permanent Restraining Order
• Emergency Restraining Order

While the main focus of this article is on orders of protection, it’s important to have basic information about the other types of orders as well.

To obtain a permanent or emergency restraining order, you must prove that the respondent committed a crime in South Carolina and that you were either a victim or witness to their criminal case. You must also prove that the respondent was guilty of that crime.

To receive an emergency restraining order, you must show good cause. Your family law attorney can show cause by submitting proof that the respondent abused you, threatened to cause physical and bodily harm, or otherwise caused you to fear for your safety.

The duration of these orders also varies. Aside from the permanent restraining order, the duration of the other orders ranges from six months to a year.

Types of Behavior That Protective Orders Restrict

The reason you file for an order of protection is to prevent someone from harming you or threatening to harm you. When the judge issues a protective or restraining order, they will expressly limit the respondent’s behavior, depending on the facts of your case.

Most protective orders restrain the respondent from the following:

• Abusing or threatening to abuse the petitioner, the petitioner’s family, and the petitioner’s pet
• Communicating with the petitioner
• Entering the petitioner’s home, workplace, or school
• Possessing or carrying firearms

The judge may also grant the petition the following:

• Child support
• Temporary financial support
• Temporary possession of personal property
• Attorney fees

If the respondent violates the court order, the judge will hold them in civil and criminal contempt.

Protective Order Laws in South Carolina: At a Glance

The following table covers the basic provisions of South Carolina protective order laws. For more information, you can also visit FindLaw’s Orders of Protection and Restraining Orders section.

Disclaimer: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, seek legal advice or conduct legal research to verify your state laws.

Get Help With a South Carolina Protective Order Today

Resources are available if someone is hurting you or threatening to hurt you. Contact the National Domestic Violence Hotline for 24/7/365 support at 800-799-7233. You may also want to petition the court for a protective order.

Securing a protective order can be intimidating. If you feel overwhelmed or aren’t sure what steps to take, seek legal representation. Consider contacting a South Carolina domestic violence attorney to guide you through the process.