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