Types of Orders
for Harassment and Stalking
Temporary Restraining Orders
Who Can Apply?
-
Anyone experiencing harassment or stalking (no special relationship required)
Where to File?
-
Magistrate Court (county where harassment/stalking occurred)
Duration:
-
1 year, enforceable statewide
What Protection It Offers:
-
Prevents the offender from contacting you
-
Restricts them from approaching your home, work, or school
How to Apply:
-
Gather evidence (texts, emails, police reports)
-
File a Complaint and Motion for Restraining Order at the Magistrate Court
-
Attend the hearing (scheduled within 15 days)
Orders of Protection
Who Can Apply?
-
You must have one of these relationships with the abuser:
-
Current or former spouse
-
Co-parent (share a child)
-
Current or former cohabitant
Where to File?
-
Family Court (county where abuse occurred, where you live, or where the abuser lives)
Duration:
-
Between 6 months to 1 year, enforceable nationwide
What Protection It Offers:
-
Stops further abuse, threats, or harassment
-
Can grant temporary child custody and support
-
Can prohibit firearm possession if a credible threat exists
How to Apply:
-
File a Petition for Order of Protection in Family Court
-
The court schedules a hearing within 15 days
-
If the abuser is served less than 5 days before the hearing, they can request a delay
Permanent Restraining Orders
Who Can Apply?
-
Victims or witnesses of a crime where the offender was convicted
Where to File?
Circuit Court (Court of General Sessions for criminal cases, or Common Pleas for civil cases)
Duration:
-
Can be permanent or for a set period (e.g., 10-20 years)
What Protection It Offers:
-
Prevents the offender from contacting or approaching you
-
Prohibits them from possessing firearms if they’re a credible threat
How to Apply:
-
If the judge does not issue a restraining order at sentencing, file a separate case
-
The court schedules a hearing (can be virtual in some cases)
-
You must prove the need for long-term protection
Emergency Restraining Orders
Who Can Apply?
-
If you qualify for a Permanent Restraining Order and need immediate protection
Where to File?
-
Magistrate Court (county where the crime occurred or where the respondent lives)
Duration:
-
In effect until a hearing for a Permanent Restraining Order
-
Expires in 45 days if no Permanent Restraining Order is filed
What Protection It Offers:
-
Immediate restriction on the offender’s ability to contact you
-
Stops them from coming near your home, work, or school
How to Apply:
-
File an Emergency Restraining Order Complaint in Magistrate Court
-
Request an emergency hearing (can be held in 24-48 hours)
-
Provide evidence that you are in immediate danger
Penalties for Violating a Restraining Order
What Happens If the Respondent Violates the Order?
-
Misdemeanor Violation:
The respondent may face:
-
Up to 3 years in prison
-
A fine of up to $2,000
-
Or both
-
Felony Violation:
The respondent may face:
-
Up to 5 years in prison
How to Report a Violation:
-
If the respondent violates the order, contact local law enforcement
-
If the violation involves threatening or harmful behavior, it can be prosecuted as a misdemeanor or felony
Additional Resources and Legal Assistance
-
Free Legal Assistance South Carolina Coalition Against Domestic Violence and Sexual Assault: Provides legal services and resources for victims of harassment and abuse
-
Local Legal Aid Organizations: Contact local groups that offer free or low-cost legal assistance