Restraining Orders

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