Restraining Orders

If the respondent is convicted of, pleads guilty to, pleads no contest to (“nolo contendere”), forfeits bail to, or is a juvenile who is adjudicated “delinquent”¹ of any of the following crimes or the attempt to commit any of these crimes, you can qualify for a permanent restraining order:

• harassment in the 1^st or 2^nd degree;
• stalking;
• domestic violence in the 1^st, 2^nd, or 3^rd degree;
• domestic violence of a high and aggravated nature;
• shipping, transporting, receiving, or possessing a firearm or ammunition under the circumstances explained in section 16-25-30 of the law;
• criminal sexual conduct in the 1^st, 2^nd, or 3^rd degree;
• criminal sexual conduct with minors in the 1^st, 2^nd, or 3^rd degree;
• engaging a child for sexual performance;
• producing, directing, or promoting sexual performance by a child;
• assault with intent to commit criminal sexual conduct;
• incest;
• buggery;
• peeping, voyeurism, or aggravated voyeurism;
• crimes against a minor that are related to obscenity, material harmful to minors, child exploitation, and child prostitution - you can see the complete list on the South Carolina Legislature website by scrolling down to “Article 3,” beginning with section 16-15-305;
• indecent exposure;
• kidnapping;
• trafficking in persons;
• criminal sexual conduct when the victim is a spouse;
• sexual battery of a spouse;
• sexual intercourse with a patient or trainee;
• criminal solicitation or attempted criminal solicitation of a minor for purposes of:
  • getting the minor to participate in “sexual activity,” as defined in subsection (5) of this law;
  • performing a sexual activity in the presence of the minor; or
• administering, distributing, dispensing, or delivering a controlled substance or GHB to someone with the intention to commit a crime listed in subsections (1) - (7) of section (f) of this law.²

Note: You can also get a permanent restraining order if the abuser was charged with a criminal sexual conduct offense, but it was later pled down to “assault and battery of a high and aggravated nature” or if the abuser was charged with a domestic violence offense and it was later pled down to “assault and battery” or “assault and battery of a high and aggravated nature.”²

¹ S.C. Code § 16-3-1900(2)
² S.C. Code § 16-3-1900(3)

If you are filing in the General Sessions Court, you will be filing in the court that issued the criminal conviction upon which the permanent restraining order petition is based. If you file in the Court of Common Pleas, you must file in any of the following counties:

1. the county where the respondent lives;
2. the county where the criminal offense occurred; or
3. the county where the you live but only if the respondent doesn’t live in the state or cannot be found.¹

^​1 S.C. Code §16-3-1920(B)