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Legal Information: South Carolina

Restraining Orders

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Updated: 
December 8, 2020

In which county do I apply for a restraining order against stalking or harassment?

To get a restraining order against stalking or harassment, you will have to file in Magistrate’s Court in any of the following counties:

  • the county where the defendant currently lives;
  • the county where the harassment or stalking occurred; or
  • the county where you live but only if the defendant lives out of state or cannot be found.1

1 S.C. Code § 16-3-1750(B)

Do I have to pay to file for a restraining order?

You will not be charged a fee for filing for a restraining order. However, the court will order the fee to be paid by the person who loses the case. In other words, if the judge grants you the restraining order, the defendant will have to pay the filing fee. If the judge decides that you did not prove your case and you do not get the order, you will have to pay the filing fee.1

1 S.C. Code § 16-3-1750(D)

Can I extend or change my restraining order?

You can file a motion to ask that the final restraining order be extended for “good cause.” The defendant will have the chance to present evidence at a hearing within thirty days of the expiration date of the order to tell the judge why the order should not be extended. Then the judge will decide whether to extend it or not.1

If you want to change your order, you can file a motion to modify the order.2

1 S.C. Code § 16-3-1780(B)
2 S.C. Code § 16-3-1780(D)