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Legal Information: South Carolina

Restraining Orders

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December 8, 2020

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