Conozca la Ley: South Carolina
ACTUALIZADA 18 de noviembre, 2008
If you are planning to move to SC or are going to be in SC for any reason, your protection or restraining order can be enforced.
- General Rules for Out-of-State orders in SC
- Can I get my order of protection enforced in South Carolina? What are the requirements?
- Can I have my out-of-state order of protection changed, extended, or canceled in SC?
- What can I do if the court that issued my order tells SC that my order has changed or is no longer valid?
- I was granted temporary custody with my order of protection. Will I still have temporary custody of my children in SC?
- Registering your Out-of-State order in SC
General Rules for Out-of-State orders in SC
arribaCan I get my order of protection enforced in South Carolina? What are the requirements?
Yes. Your protection order can be enforced in South Carolina as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.*
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.**
* 18 U.S.C. § 2266(5)
** 18 U.S.C. § 2265(a) & (b)
arribaCan I have my out-of-state order of protection changed, extended, or canceled in SC?
No. Only the state that issued your order of protection can change, extend, or cancel the order. You cannot have this done by a court in South Carolina.
To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living. To find out more information about how to modify a restraining order, see the "How to Get a Restraining Order" page for the state where your order was issued.
If your order does expire while you are living in South Carolina, you may be able to get a new one issued in South Carolina but this may be difficult to do if no new incidents of abuse have occurred in South Carolina. To find out more information on how to get a protective order in South Carolina, visit our SC Where to Find Help page.
arribaWhat can I do if the court that issued my order tells SC that my order has changed or is no longer valid?
You will have to contact the court that issued your order to find out why your order has changed or is no longer valid. The police in South Carolina cannot enforce an order that has expired or has been canceled in the issuing state.
If this does happen, you may want to contact a lawyer or domestic violence organization in your area. They may be able to answer some of your questions, or help you fill out the necessary court forms to petition for a new order in SC. You will find information on legal assistance and domestic violence organizations in SC on the SC Where to Find Help page.
arribaI was granted temporary custody with my order of protection. Will I still have temporary custody of my children in SC?
Yes. As long as the child custody provision complies with certain federal laws,* South Carolina can enforce a temporary custody order that is a part of a protection order.
To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click here SC Finding a Lawyer.
* The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.