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Legal Information: South Carolina

Restraining Orders

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Updated: 
December 8, 2020

Who can file for a permanent restraining order?

You can file for a permanent restraining order under any of the following circumstances:

  • You are the victim of one of the qualifying criminal offenses that took place in South Carolina;
  • You are an adult who lives in South Carolina, and you are filing on behalf of a minor child who is the victim of one of the qualifying criminal offenses that took place in South Carolina;1 or
  • You are the spouse, parent, child, or lawful representative of a victim of one of the qualifying criminal offenses that took place in South Carolina and the victim is:
    • dead;
    • a minor;
    • incompetent; or
    • physically or psychologically incapacitated.2
  • You are a witness to one of the qualifying criminal offenses that took place in South Carolina and you assisted in the prosecution of the crime.1 Even if you don’t actually testify at trial, you can still qualify if were subpoenaed, expected to be subpoenaed, or likely to be called as a witness to testify for the prosecution.3

1 S.C. Code §§ 16-3-1900(1); 16-3-1910(C)
2 S.C. Code § 16-3-1900(6)(b)
3 S.C. Code § 16-3-1900(7)