Types of Orders

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).
  • Click here to find your closest magistrate office.

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.
  • Victim Support Services