Know the Laws: South Carolina
UPDATED November 18, 2008
An Order of Protection is a civil order that provides protection from abuse by your current or former spouse, someone you have a child in common with, or your live-in partner of the opposite sex.
- Basic Information
- Can I get an Order of Protection?
- What are the steps for getting an Order of Protection?
- After the Hearing
Basic Information
back to topWhat is an Order of Protection?
An Order of Protection is a paper that is signed by a judge and tells your abuser to stop the abuse or face serious legal consequences. It offers civil legal protection from domestic violence to both women and men.
back to topWhat is the legal definition of abuse in South Carolina?
This section defines abuse for the purposes of getting an order of protection.
South Carolina law defines abuse as:
- Physically harming you,
- Physically injuring you,
- Assaulting you,
- Threatening to physically hurt you, or
- Raping you or committing another sexual criminal offense against you.
To read the exact wording of the law, see Sec. 20-4-20 on our Legal Statutes page.
Note: If the acts of the abuser do not fit in this definition, you may still be eligible for a restraining order against stalking or harassment. See our Restraining Orders Against Stalking or Harassment page.
back to topHow can an Order of Protection help me?
An Order of Protection can:
- Order the abuser not to abuse you or threaten to abuse you
- Order the abuser not to communicate with you or try to communicate with you
- Order the abuser to stay away from any place you request including your school, home, day care, or workplace
- Award temporary custody and visitation rights of your children
- Order your abuser to pay temporary financial support for you and/or your child
- Grant temporary possession of your shared residence
- Prohibit the abuser to get rid of income or property you share
- Order the abuser to pay for costs and attorney's fees
- Order anything else you ask for that the judge thinks is necessary to keep you safe.
Also, the federal Gun Control Act of 1994 makes it illegal for anyone subject to qualifying Orders of Protection to possess a firearm or ammunition. The law also forbids those constrained under qualifying orders from shipping or transporting firearms or ammunition between states or countries.
Whether a judge orders any or all of the above depends on the facts of your case.
back to topIn which county can I file for an Order of Protection?
You can file a petition in the county where you live or are in shelter (if you are a state resident), in the county where the abuser lives (if the abuser is a state resident), in the county where you and the abuser last lived together, or in the county where the abuse took place.*
* SC Code Ann. § 20-4-30(A)-(C)