Resource for a Recourse: Online Resource Center for Survivors of Abuse

SOUTH CAROLINA : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

South Carolina law defines abuse as:

Physically harming you,
Physically injuring you,
Assaulting you,
Threatening to physically hurt you, or
Raping you or committing another sexual criminal offense against you.

You are eligible to file for an Order of Protection if you or your children have been the victim of acts of abuse by:

your spouse,
your former spouse,
someone with whom you have a child in common, and
your live-in partner or former live-in partner, if one of you is male and the other is female.

Types of protective orders:

Temporary Orders of Protection

These are issued when a judge believes you are in immediate danger of abuse. A judge will hold a court hearing before you can get a temporary order, but your abuser will not be present at this hearing. The judge will hold the hearing within 24 hours of you filing your petition. The temporary order is generally in effect for 15 days after service of the order (in other words, when your abuser is given a copy of the order), at which point a full court hearing will be held for a final Order of Protection. However, the judge may extend the temporary order if your full court hearing is postponed.

Final Orders of Protection

These are issued only after a full court hearing, where both you and the abuser have a chance to be present and present both your sides of the story. Final Orders of Protection last at least 6 months but not more than one year. You may ask to have it extended.

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Benefits:

An Order of Protection can:

Order the abuser not to abuse you or threaten to abuse you
Order the abuser not to communicate with you or try to communicate with you
Order the abuser to stay away from any place you request including your school, home, day care, or workplace
Award temporary custody and visitation rights of your children
Order your abuser to pay temporary financial support for you and/or your child
Grant temporary possession of your shared residence
Prohibit the abuser to get rid of income or property you share
Order the abuser to pay for costs and attorney's fees
Order anything else you ask for that the judge thinks is necessary to keep you safe.

Also, the federal Gun Control Act of 1994 makes it illegal for anyone subject to qualifying Orders of Protection to possess a firearm or ammunition. The law also forbids those constrained under qualifying orders from shipping or transporting firearms or ammunition between states or countries.

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Costs:

There is no fee for filing a petition for an order for protection from domestic violence.

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Violations:

Call the police. In order to report a violation of the Order, the respondent must have received notice of the existing order, by service or appearance in court. A violation of the order is a criminal offense. Punishment can range from thirty days in jail or a fine of two hundred dollars. A violation may constitute contempt of court punishable by up to one year in jail and/or a fine no larger than fifteen hundred dollars. It is important to note that, if the officer has probable cause to believe an assault has been committed, the police must make an arrest on domestic violence calls even if you don't have an Order of Protection. The respondent can be arrested even if you invite or allow the respondent to violate the prohibitions contained in the order. The respondent has the sole responsibility to follow an Order of Protection.

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