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EspañolCan 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 Domestic Violence and Firearms Resource Center’s 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.1
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)
