Protective Orders
S.C. Code 20-4-50 and S.C. Code 20-4-70 — no filing fee, an emergency hearing within twenty-four hours, and an order of six months to a year
A household member in need of protection from abuse, or one acting for a minor household member, may file a petition for an order of protection in the family court. It states the time, place and details of the abuse and is verified. The clerk provides simplified forms for a person without a lawyer.
No fee to file. The clerk of court may not charge a fee for filing a petition for an order of protection from domestic abuse.
Within twenty-four hours after the petition is served, the court may hold an emergency hearing for good cause, and a prima facie showing of immediate and present danger of bodily injury is good cause. Otherwise the court must grant a hearing within fifteen days of filing, with the petition served at least five days before it.
The order may bar the respondent from abusing, threatening, contacting or approaching the petitioner, and from the petitioner's home, work or school. After a hearing it may also award temporary custody and visitation, temporary support, and temporary possession of the home, and bar disposing of shared property.
Six months to a year. An order is for a fixed time of not less than six months nor more than one year, and may be extended or ended on motion showing good cause. Every order states that violating it is a criminal offense punishable by thirty days in jail or a $200 fine, or contempt punishable by up to one year and a fine of up to $1,500.
For harassment or stalking by someone outside the household, a restraining order comes from the magistrates court under its own article. A particular petition is a question for the family court clerk, a victim advocate or a licensed South Carolina attorney.
Sources for this section (4)
- S.C. Code 20-4-40 — Petition for order of protection
- S.C. Code 20-4-50 — Hearing on petition
- S.C. Code 20-4-60 — Order of protection; contents
- S.C. Code 20-4-70 — Duration of order of protection; modification of terms
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.