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Legal Information: South Carolina

Restraining Orders

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Updated: 
November 13, 2023

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)

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