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Legal Information: South Carolina

South Carolina Restraining Orders

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Restraining Orders

Orders of Protection

Basic information

What is the legal definition of abuse in South Carolina?

For the purposes of getting an order of protection, South Carolina law defines abuse as when a “family or household member” does any of the following:

  • physically harms you or threatens to do so;
  • causes you bodily injury;  
  • assaults you; or
  • commits a sexual criminal offense against you.1

A family or household member is defined as:

  • a spouse or ex-spouse;
  • someone with whom you have a child in common; or
  • someone with whom you live(d) in a romantic way (“cohabitation”).2

Note: If the acts of the abuser do not fit in this definition, or if you don’t have the required relationship with the abuser, you may still be eligible for a restraining order against stalking or harassment. See our Restraining Orders Against Stalking or Harassment page for more information.

1 S.C. Code § 20-4-20(a)
2 S.C. Code § 20-4-20(b); Jane Doe v. State of South Carolina, 421 S.C. 490, 808 S.E.2d 807 (2017)

What types of orders of protection are there? How long do they last?

In South Carolina, there are temporary orders of protection and final orders of protection.

A temporary order of protection are can be issued if you request an “emergency hearing.” This emergency hearing will be held within 24 hours of when your petition is served upon the abuser. Unlike many other states that issue a temporary order without notifying the abuser (ex parte), South Carolina law calls for service upon the abuser before the emergency hearing so it’s possible that the abuser will be present at the emergency hearing. The temporary order is generally in effect for 15 days at which point a full court hearing will be held for a final order of protection.1 However, the judge may extend the temporary order if your full court hearing is postponed.

Final orders of protection are issued only after a full court hearing, where both you and the abuser have a chance to present your sides of the story through evidence and testimony. Final orders of protection last for between six months and one year.2 You may ask to have your order extended by filing a motion and showing “good cause.” See How do I extend, change, or cancel my order of protection? for more information.

There is a different type of order of protection for victims of stalking or harassment. For more information, see our Restraining Orders Against Stalking or Harassment page.

1 S.C. Code § 20-4-50(a); see Petition for Order of Protection on the South Carolina Courts website
2 S.C. Code § 20-4-70(a)

What protections can I get in an order of protection?

A temporary 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; and
  • order the abuser to stay away from any place you request, including your school, home, child’s day care, or workplace.1

A final order of protection can:

  • order all of the relief stated above; and
  • include the following additional terms:
    • award temporary custody and visitation rights of your children;
    • order the abuser to pay temporary financial support for you and/or your child if you are married or s/he is the legal parent of the child;
    • grant temporary possession of your shared home even if the respondent owns the home or is the only one on the lease – however, this can only be ordered if the respondent has a legal duty to support you or your children as your spouse or your child’s other parent, for example;
    • forbid the abuser from selling or getting rid of income, homes, or property you share;
    • order who will get temporary possession of personal property, including pets;
    • order the abuser not to harm or harass any pet owned or kept by you, any family member named in the order, or the abuser;
    • order law enforcement to help you remove personal property from the home if the respondent will be staying in the home and you will be leaving;
    • order the abuser to pay for court costs and your attorney’s fees; and
    • order anything else you ask for that the judge thinks is necessary to keep you safe.2

Whether a judge orders any or all of the above depends on the facts of your case.

Note: Although the order of protection laws do not specifically say that a judge can prohibit firearm possession as part of your order of protection, South Carolina’s gun laws say that for firearm possession to be illegal, the family court judge must order that the respondent is “prohibited from shipping, transporting, receiving, or possessing a firearm or ammunition.”3 There are also additional “findings” that the judge must make, as explained on our SC State Gun Laws page. Be sure to specifically ask the judge to include this language in your order if the abuser has a firearm.

1 S.C. Code § 20-4-60(A)
2 S.C. Code § 20-4-60(C)
3 S.C. Code § 16-25-30(A)(4)

In which county can I file for an order of protection?

You can file a petition in any of the following counties:

  • the county where you live;
  • the county where you are currently in shelter, assuming that you are a state resident;
  • the county where the abuser lives;
  • the county where you and the abuser last lived together; or
  • the county where the abuse took place.1

1 S.C. Code § 20-4-30(A)-(C)

If the abuser lives in a different state, can I still get an order against him/her?

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

  1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
  2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
  3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

Who can get an order of protection

Am I eligible to get an order of protection?

You are eligible to file for an order of protection if you or your children have been the victim of acts of abuse by:

  • your current or former spouse, including same-sex spouses;
  • someone with whom you have a child in common; or
  • someone with whom you live(d) in a romantic way (“cohabitation”), including same-sex couples.1

If you are seeking protection from harassment or stalking, you may be eligible for a different kind of order. See our Restraining Orders Against Stalking or Harassment page.

If you are under the age of 18,2 an adult household member can file for an order of protection on your behalf.3

1 S.C. Code § 20-4-20(b); Jane Doe v. State of South Carolina, 421 S.C. 490, 808 S.E.2d 807 (2017)
2 S.C. Code § 20-4-30
3 S.C. Code § 20-4-40(a)

Can I get an order for protection against a same-sex partner?

In South Carolina, you can apply for an order of protection against a current or former same-sex partner as long as the relationship meets the requirements listed in Am I eligible to get an order of protection? You must also be the victim of an act of abuse, which is explained in What is the legal definition of abuse in South Carolina?

For non-married same-sex couples who are living together or who formerly lived together, it used to not be possible to get an order of protection. However, even though the language of the South Carolina statute says that only “a male and female” who live(d) together can qualify, the courts have ruled differently on this issue. In 2017, the South Carolina Supreme Court declared that this part of the statute was unconstitutional as applied to same-sex partners. Therefore, non-married, same-sex partners who live(d) together can apply for an order of protection in South Carolina.2

You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.

1 S.C. Code § 20-4-20(b)(iv)
2 Jane Doe v. State of South Carolina, 421 S.C. 490, 808 S.E.2d 807 (2017)

 

How much does it cost? Do I need a lawyer?

There is no fee to file a petition for an order for protection from domestic violence.1

You do not need a lawyer but it is better to have one if you can. If the abuser has an attorney, you should try to get one also. If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

1 S.C. Code § 20-4-65

 

Steps for getting an order of protection

Step 1: Get the necessary forms.

To start your case, you will need to fill out forms that you can get at the courthouse or online on our SC Download Court Forms page.

If you are going to court to get the forms, go to the Family Court clerk in the county where you live or are in shelter, where the abuser lives, where you and the abuser last lived together, or in the county where the abuse took place.1

Note: If it is after hours and the courts are closed, you may go to Magistrate’s Court to file for an order of protection. To find the courthouse in your county, go to SC Courthouse Locations.

1 S.C. Code § 20-4-30(A)-(C)

Step 2: Carefully fill out the forms.

The petition for an order of protection will ask for information about the abuser, how s/he abused you, and what kind of protection you need. If you need help filling out your petition, ask the clerk for help. Also, you can get help through one of the domestic violence agencies listed on our SC Advocates and Shelters page.

On the petition you will be the “petitioner” and the abuser will be the “respondent.” When you are filling out your forms, be specific. Write briefly about the most recent incident of violence, using descriptive language, such as slapping, hitting, grabbing, threatening, etc., that fits your situation. Include details and dates, if possible.

Note: Do not sign your form until you have shown it to a clerk. It may have to be signed in front of court personnel.

Step 3: Filing your petition.

Once you finish filling out your forms, give them to the clerk. You should not be charged anything to file your petition.

The clerk may ask you for identification, so make sure to bring your driver’s license or another form of photo ID with you. It is also helpful to bring identifying information about the abuser if you have it, including home and work addresses.

If you need protection immediately, you may request an emergency hearing when you are filling your petition. In this case, you will go before a judge within 24 hours of service of your petition upon the abuser. Once you prove that you are in immediate and present danger of bodily injury, a judge can grant you a temporary order of protection until your full hearing, which will take place within 15 days.1

S.C. Code § 20-4-50(a)

Step 4: Service of process

Whether the judge grants you a temporary order or not, you may be given a court date for a hearing on your petition within 15 days, assuming that your petition is not dismissed.1 This hearing will be in front of a judge and both of you will have a chance to tell your sides of the story. At this hearing, a judge will decide whether or not to give you a final order of protection.

The respondent must be served notice of the hearing and the hearing date at least five days before the hearing.2 It is the local law enforcement agency’s responsibility to serve notice of the hearing and your temporary order of protection to the abuser.3

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

1 See Petition for Order of Protection
2 S.C. Code § 20-4-70(b)
3 S.C. Code § 20-4-80

Step 5: The hearing

On the day of the hearing, you must prove to the judge through evidence and testimony that the abuser committed an act of abuse and that an order of protection should be issued. You must go to the hearing. If you do not go to the hearing, any temporary orders you have will expire and you will have to start the process over. It is recommended that you have a lawyer represent you at the hearing, especially if the abuser has one. Go to our SC Finding a Lawyer page for legal referrals. See our Preparing for Court - By Yourself page for more information about preparing for your hearing, especially if you have to represent yourself.

After the hearing

Can the abuser have a gun?

Once you get a protection order, there may be laws that prohibit the respondent from having a gun in his/her possession.  There are a few places where you can find this information:

  • First, read the questions on this page to see if judges in South Carolina have to power to remove guns as part of a temporary or final order.
  • Second, go to our State Gun Laws section to read about your state’s specific gun-related laws.
  • Third you can read our Federal Gun Laws section to understand the federal laws that apply to all states.

You can read more about keeping an abuser from accessing guns on the National Resource Center on Domestic Violence and Firearms’ website

What should I do when I leave the courthouse?

Here are some things you may want to consider doing. However, you will have to evaluate each one to see if it works for your situation.

  • Review the order before you leave the courthouse. If something is wrong or missing, ask the clerk to correct the order before you leave.
  • If you are concerned that the abuser will harass you when you leave the courthouse, ask the court officer if s/he would escort you to the door of the building. If you are afraid the abuser may follow you once you leave the courthouse, explain this to the court officer. The court officer might hold the abuser there for a few minutes while you leave so that you can get a head start , which would make it difficult for the abuser to trail you. This could be especially important if you are living in a shelter or confidential location and you do not want the abuser to know where you are staying.
  • Make several copies of the injunction as soon as possible.
  • Keep a copy of the order with you at all times.
  • Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
  • Give a copy to the security guard or person at the front desk where you live or work along with a photo of the abuser.
  • Give a copy of the order to anyone who is named in and protected by the order.
  • If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
  • You may wish to consider changing your locks, if permitted by law, and your phone number.

Ongoing safety planning is important after receiving the order. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many batterers obey restraining orders, but some do not. It is important to build on the things you have already been doing to keep yourself safe. Click on the following link for suggestions on Safety Tips. Advocates at local domestic violence programs can also assist you in designing a safety plan and can provide other forms of support as well.

What can I do if the abuser violates the order?

A violation of the order can be a criminal offense. Punishment can range from thirty days in jail to a fine of $200. A violation can also be considered “contempt of court,” which is punishable by up to one year in jail and/or a fine of up to $1,500.1

It is important to note that if the officer has “probable cause” to believe an assault has been committed, the police must make an arrest on domestic violence calls even if you don’t have an order of protection.

The respondent can be arrested even if you invite or “allow” the respondent to violate the prohibitions contained in the order. For example, if your order of protection that says the abuser cannot contact you, the abuser can be arrested for contacting you even if you contact him/her first.

If you no longer need the order of protection or want to change it, you must get a court order terminating or modifying the order for protection. See How do I extend, change, or cancel my order of protection?

For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

1 S.C. Code § 20-4-60(B)(1)

How do I extend, change, or cancel my order of protection?

A judge can extend your order of protection if you file a motion asking for an extension and can prove “good cause” for the extension. The respondent has the right to a hearing on the extension of an order within thirty days of the date upon which the order will expire.

If you need to change your order of protection, you will need to return to court and file a motion to modify.2 

If you want to cancel (terminate) your order of protection, you can file a motion to terminate the order. If you and the abuser get back together (reconcile), the judge can grant an order of dismissal without a hearing if you appear personally in court, show proper identification, and sign a written request to dismiss based on the reconciliation.1

1 S.C. Code § 20-4-70(A)
2 S.C. Code § 20-4-70(C)

What happens if I move?

Federal law provides what is called “full faith and credit,” which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. territories and tribal lands. Different states have different rules for enforcing out-of-state protection orders. You can find out about your state’s policies by contacting a domestic violence program, the clerk of courts, or the prosecutor in your area. Alternatively, you can call the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111, ext. 2) for information on enforcing your order in another state.

For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

If I get a protection order, will it show up in an internet search?

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

  • the petition you file;
  • the protection order, restraining order, or injunction that was issued by the court; or
  • the registration of an order in a different state.1

1 18 USC § 2265(d)(3)

Restraining Orders Against Stalking or Harassment

Basic info and definitions

What is a restraining order against stalking or harassment?

A restraining order against stalking or harassment is a civil order that is issued by the Magistrate’s Court for people who are being harassed or stalked. You do not need to have a specific relationship with the person harassing or stalking you; it can be a neighbor, co-worker, acquaintance, etc.

The restraining order against stalking or harassment can order the defendant to not:

  • abuse, threaten, or bother (“molest”) you or your family members;
  • enter or attempt to enter your home, workplace, school, or other location; and
  • communicate or attempt to communicate with you.1

1 S.C. Code § 16-3-1770(B)

What are the legal definitions of "stalking" and "harassment?"

Harassment is a pattern of intentional, substantial, and unreasonable intrusions into your private life that serve no legitimate purpose and would cause a “reasonable person” to suffer mental or emotional distress. Harassment may include, but is not limited to:

  • following you;
  • verbal, written, or electronic contact;
  • visual or physical contact that takes place after you have told the person not to contact you or after you filed an incident report with the police;
  • staying around or doing surveillance of your home, workplace, school, or other place you regularly go; or
  • vandalism and property damage.1

Stalking is a pattern of words or conduct that serves no legitimate purpose and is intended to cause, and does cause, you to reasonably fear that you or your family member will be:

  • killed;
  • assaulted;
  • injured;
  • criminally sexually abused;
  • kidnapped; or
  • subjected to property damage.2

Note: A “pattern” means two or more acts; “family member” means your spouse, child, parent, sibling, or a person who regularly lives in the same household with you.3

1 S.C. Code § 16-3-1700(A), (B)
2 S.C. Code § 16-3-1700(C)
3 S.C. Code § 16-3-1700(D), (E)

What types of restraining orders against stalking or harassment are there? How long do they last?

There are two types of orders: an ex parte temporary order and a final order.

Within twenty-four hours after you file for the restraining order, the judge can hold an emergency hearing. If at that hearing, the judge believes your allegations, the judge can issue a temporary ex parte restraining order without first informing the defendant. The order usually lasts for around 15 days. This temporary restraining order would be served upon the defendant along with what is called a “Rule to Show Cause.” The Rule to Show Cause must provide the date and time of the hearing where the defendant would have to appear to convince the judge that a final order should not be granted. After the hearing, a final order would last for at least one year. The judge will decide the exact length of the order on a case-by-case basis.1

If the judge does not give you the temporary order, the judge can still set a date for a hearing to decide if you will get the final order. This hearing will generally take place within fifteen days of the date that you file for the order.2

Note: A final order will last beyond one year if the defendant gets criminally charged with the crime of harassment in the first or second degree or stalking while the order is still in effect and there is a trial date scheduled. In that case, the order will remain in effect until the trial ends.

You can also file in court to extend an order beyond the one-year period if there is good cause.4 For more information, go to Can I extend or change my restraining order?

1 S.C. Code §§ 16-3-1760(A), (B), (D); 16-3-1750(E)
2 S.C. Code § 16-3-1760(C), (D)
3 S.C. Code § 16-3-1780(C)
4 S.C. Code § 16-3-1780(B)

If the abuser lives in a different state, can I still get an order against him/her?

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

  1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
  2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
  3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

The court process

In which county do I apply for a restraining order against stalking or harassment?

To get a restraining order against stalking or harassment, you will have to file in Magistrate’s Court in any of the following counties:

  • the county where the defendant currently lives;
  • the county where the harassment or stalking occurred; or
  • the county where you live but only if the defendant lives out of state or cannot be found.1

1 S.C. Code § 16-3-1750(B)

Do I have to pay to file for a restraining order?

You will not be charged a fee for filing for a restraining order. However, the court will order the fee to be paid by the person who loses the case. In other words, if the judge grants you the restraining order, the defendant will have to pay the filing fee. If the judge decides that you did not prove your case and you do not get the order, you will have to pay the filing fee.1

1 S.C. Code § 16-3-1750(D)

Can I extend or change my restraining order?

You can file a motion to ask that the final restraining order be extended for “good cause.” The defendant will have the chance to present evidence at a hearing within thirty days of the expiration date of the order to tell the judge why the order should not be extended. Then the judge will decide whether to extend it or not.1

If you want to change your order, you can file a motion to modify the order.2

1 S.C. Code § 16-3-1780(B)
2 S.C. Code § 16-3-1780(D)

Permanent Restraining Orders (based on a criminal conviction)

Basic info and definitions

What is a permanent restraining order?

A permanent restraining order is a civil order that can be issued based on a conviction for certain criminal offenses. It can protect not only victims of crime but also witnesses who helped the prosecution during the criminal court proceedings.1

1 S.C. Code § 16-3-1920(C)

What types of criminal convictions could qualify me for a permanent restraining order?

If the respondent is convicted of, pleads guilty to, pleads no contest to (“nolo contendere”), forfeits bail to, or is a juvenile who is adjudicated “delinquent”1 of any of the following crimes or the attempt to commit any of these crimes, you can qualify for a permanent restraining order:

Note: You can also get a permanent restraining order if the abuser was charged with a criminal sexual conduct offense, but it was later pled down to “assault and battery of a high and aggravated nature” or if the abuser was charged with a domestic violence offense and it was later pled down to “assault and battery” or “assault and battery of a high and aggravated nature.”2

1 S.C. Code § 16-3-1900(2)
2 S.C. Code § 16-3-1900(3)

What protections can I get in a permanent restraining order?

A permanent restraining order can order the respondent not to:

  • abuse, threaten to abuse, or bother (“molest”) you and members of your family;
  • enter or attempt to enter your home, workplace, school, or other location; and
  • communicate or attempt to communicate with you or members of your family.1

​1 S.C. Code § 16-3-1910(K)

In which county do I file for a permanent restraining order?

If you are filing in the General Sessions Court, you will be filing in the court that issued the criminal conviction upon which the permanent restraining order petition is based. If you file in the Court of Common Pleas, you must file in any of the following counties:

  1. the county where the respondent lives;
  2. the county where the criminal offense occurred; or
  3. the county where the you live but only if the respondent doesn’t live in the state or cannot be found.1

​1 S.C. Code §16-3-1920(B)

Getting an order

Who can file for a permanent restraining order?

You can file for a permanent restraining order under any of the following circumstances:

  1. You are the victim of one of the qualifying criminal offenses that took place in South Carolina;
  2. You are an adult who lives in South Carolina, and you are filing on behalf of a minor child who is the victim of one of the qualifying criminal offenses that took place in South Carolina;1 or
  3. You are the spouse, parent, child, or lawful representative of a victim of one of the qualifying criminal offenses that took place in South Carolina and the victim is:
    • dead;
    • a minor;
    • incompetent; or
    • physically or psychologically incapacitated.2
  4. You are a witness to one of the qualifying criminal offenses that took place in South Carolina and you assisted in the prosecution of the crime.1 Even if you don’t actually testify at trial, you can still qualify if:
    • you were subpoenaed to testify; 
    • you expect to be subpoenaed to testify; or
    • you are likely to be called as a witness to testify for the prosecution.3

1 S.C. Code §§ 16-3-1900(1); 16-3-1910(C)
2 S.C. Code § 16-3-1900(6)(b)
3 S.C. Code § 16-3-1900(7)

When and where do I file for a permanent restraining order? How long do they last?

You can file for a permanent restraining order in front of the criminal court judge in General Sessions Court at the time a conviction is entered or in front of a civil court judge in the Court of Common Pleas any time after the respondent is convicted. The court would then set a date for a hearing where you would appear to request the order. The respondent has 30 days to respond to your petition.1

If you want to get an immediate, temporary ex parte order while you wait for the hearing, you would have to file a separate petition for an emergency restraining order at the Magistrate’s Court. The Magistrate’s Court would then hold a hearing within 24 hours and decide whether to issue the temporary ex parte order.2

The judge will decide how long a permanent restraining order lasts.3 There is no specific timeframe laid out in the law. You can file a request to have the order extended, though, before it expires.4

​1 S.C. Code § 16-3-1910(B), (G)
2 S.C. Code § 16-3-1920(A), (H)(1)
3 S.C. Code § 16-3-1910(M)(1)
4 S.C. Code § 16-3-1910(M)(2)

How will a judge decide whether or not to give me the order? Do I have to be physically injured?

You only have to prove that the respondent was convicted of one of the qualifying criminal offenses. You do not have to prove that you suffered a physical injury.1

1 S.C. Code § 16-3-1910(J)

Is there a fee to file for a permanent restraining order?

There is no fee to file for a permanent restraining order.1

1 S.C. Code § 16-3-1910(F)

After an order is issued

What happens if the respondent violates the order?

If the respondent violates the order, you can report it to law enforcement. Depending on what the respondent did to violate the order, it can be a misdemeanor or a felony. The punishment for a misdemeanor violation is up to three years in prison, a fine of up to $2,000, or both. The punishment for a felony violation is up to five years in prison.1

1 S.C. Code § 16-3-1910(O)

Can my order be extended?

You can file a request to have the order extended before it expires.However, there is no specific timeframe laid out in the law as to how long the extension can last.

​1 S.C. Code § 16-3-1910(M)(2)

Moving to Another State with an Order of Protection

General rules

Can I get my order of protection from South Carolina enforced in another state?

If you have a valid South Carolina order of protection that meets federal standards, it can be enforced in another state.  The Violence Against Women Act, which is a federal law, states that all valid orders of protection granted in the United States receive “full faith and credit” in all state and tribal courts within the US, including US territories.  See How do I know if my order of protection is good under federal law? to find out if your order of protection qualifies.

Each state must enforce out-of-state orders of protection in the same way it enforces its own orders.  Meaning, if the abuser violates your out-of-state order of protection, s/he will be punished according to the laws of whatever state you are in when the order is violated.  This is what is meant by “full faith and credit.”

How do I know if my order of protection is good under federal law?

An order of protection is good anywhere in the United States 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.1
  • 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.2

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a), (b)

I have a temporary (ex parte) order. Can it be enforced in another state?

An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my order of protection is good under federal law?1

Note: The state where you are going generally cannot extend your ex parte temporary order or issue you a permanent order when the temporary one expires.  If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court).  However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.

1 18 U.S.C. § 2265(b)(2)

Getting your order of protection from South Carolina enforced in another state

How do I get my order of protection enforced in another state?

Federal law does not require you to take any special steps to get your order of protection enforced in another state.

Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid order of protection is enforceable regardless of whether it has been registered or filed in the new state.1   Rules differ from state to state, so it may be helpful to find out what the rules are in your new state.  You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.

Note: It is important to keep a copy of your order of protection with you at all times.  It is also a good idea to know the rules of states you will be living in or visiting to ensure that your out-of-state order can be enforced in a timely manner.

1 18 U.S.C. § 2265(d)(2)

Do I need anything special to get my order of protection enforced in another state?

In some states, you will need a certified copy of your order of protection. A certified copy says that it is a true and correct copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp on it. In South Carolina, a certified order either has an original judge’s signature or a stamp and seal on it.

The copy you originally received should have been a certified copy.1 If your copy is not certified, go to the court that issued the order and ask the clerk of court for a certified copy. There is no fee to get a certified copy of a South Carolina order of protection.

Note: It may be a good idea to keep a copy of the order with you at all times. You may also want to bring several copies of the order with you when you move. Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on. You may want to give a copy to the security guard or person at the front desk where you live and/or work and to anyone who is named in and protected by the order.

1 S.C. Code Ann. § 20-4-80

Can I get someone to help me? Do I need a lawyer?

You do not need a lawyer to get your order of protection enforced in another state.

However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to.  A domestic violence advocate can let you know what the advantages and disadvantages are for registering your order of protection, and help you through the process if you decide to do so.

To find a domestic violence advocate or an attorney in the state you are moving to, select your state from the drop-down menu on the top left-hand corner of this page, and click on the Places that Help page.

Enforcing custody provisions in another state

I was granted temporary custody with my order of protection. Can I take my kids out of the state?

It may depend on the exact wording of the custody provision in your order of protection if there is a custody provision.  You may have to first seek the permission of the court before leaving.  If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a domestic violence advocate or lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children.  You can find contact information for local domestic violence organizations and legal assistance in the South Carolina area on our SC Advocates and Shelters page and our SC Finding a Lawyer page.

I was granted temporary custody with my order of protection. Will another state enforce this custody order?

Custody, visitation, and child support provisions that are included in an order of protection can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.1

1 18 USC § 2266

Do I need to tell the court in South Carolina if I move?

The court that gave you your restraining order needs to have an up-to-date mailing address for you so they can communicate with you if anything happens to your restraining order - for example, if the abuser asks the court to dismiss the order or if your order is changed in any way. If you won’t be getting mail at your old address, you will want to give the court a mailing address and a contact phone number. If you feel unsafe giving your new address, you can use the address of a trusted friend or a P.O. Box instead. 

Remember, if you want to keep your new address confidential, be sure to tell this to the court clerk and ask that your address not be made public to the abuser.

Enforcing your Out-Of-State Order in South Carolina

General rules for out-of-state orders in South Carolina

Can I get my order of protection enforced in South Carolina? What are the requirements?

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.1
  • 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.2

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a), (b)

Can I have my out-of-state order of protection changed, extended, or canceled in South Carolina?

Generally, only the state that issued your order of protection can change, extend, or cancel the order. 

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 Restraining Orders 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 Orders of Protection page.

I was granted temporary custody with my order of protection. Will I still have temporary custody of my children in South Carolina?

As long as the child custody provision complies with certain federal laws,1 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.

1 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.

Registering your out-of-state order in South Carolina

What is the National Crime Information Center (NCIC) Registry? Who has access to it?

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.

Before moving to South Carolina, the state that issued your protection order may already have entered your order into the NCIC. If not, your order will be entered into the NCIC once your order is registered in SC.

Note: Most law enforcement officials have access to the NCIC, but the information is encrypted so outsiders cannot access it.

How do I register my order of protection in South Carolina?

To register your protection order in South Carolina, you need to take a certified copy to the court clerk at the Family Court where you live. The clerk will give you a copy of the order that shows it has been filed and will tell you to take a certified copy to the local law sheriff’s office to be entered into the National Crime Information Center (NCIC) Registry or for enforcement purposes.1

If you need help registering your protection order, you can contact a local domestic violence organization in South Carolina for assistance. You can find contact information for organizations in your area here on our SC Advocates and Shelters page.

1 S.C. Code § 20-4-350

Do I have to register my order of protection in South Carolina in order to get it enforced?

South Carolina state law gives full protection to an out-of-state protection order even if it contains protections that could not be included in a South Carolina order of protection as long as you can show the officer a copy of the order and can truthfully tell the officer that you believe the order is still in effect.1 It does not have to be entered into the state or federal registry in order to be enforced by a South Carolina police officer, but the officer does need to believe that it is a valid (real) order.

1 S.C. Code § 20-4-330

Will the abuser be notified if I register my order of protection?

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Safety Tips page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our SC Advocates and Shelters page.

1 18 USC § 2265(d)

What if I don't register my order of protection? Will it be more difficult to have it enforced?

It should not be more difficult to get your order of protection enforced even if you do not register it in South Carolina. South Carolina state law does not require registration or entry into the NCIC for an order to be enforced, and law enforcement officials must enforce an out-of-state order as long as you can show them a copy and tell them that it is still valid.1

If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area.  An advocate there can help you decide what the safest plan of action is for you in South Carolina.  To see a list of local domestic violence organizations in South Carolina, go to our SC Advocates and Shelters page.

1 S.C. Code § 20-4-340

Does it cost anything to register my order of protection?

There is no fee for registering your order of protection in South Carolina.1

1 S.C. Code § 20-4-350(F)