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Legal Information: South Carolina

Restraining Orders

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Updated: 
November 13, 2023

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)