South Carolina
South Carolina Restraining Order Laws (2026): How to Get a Protective Order
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 2 primary sources cited on this page. How we verify our legal content
In South Carolina, an Order of Protection under the Protection from Domestic Abuse Act lets qualifying household members ask the Family Court for protection from abuse. A final Order of Protection lasts from six months to one year initially and can be extended with good cause. If the person harming you is not a household member, South Carolina offers a separate civil restraining order against harassment or stalking, filed in the magistrates court under SC Code 16-3-1750.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in South Carolina
South Carolina has a single civil protective order framework for domestic abuse: the Order of Protection, issued through Family Court under SC Code Title 20, Chapter 4. This order can prohibit the respondent from abusing, threatening, or harassing the petitioner; require the respondent to leave a shared home; establish temporary custody of minor children; and set other conditions the court finds necessary for the petitioner's safety.
Emergency protective orders are also available for after-hours situations. Magistrate courts can issue a limited emergency order when Family Court is not in session, effective until a Family Court judge can hold a hearing.
South Carolina also has a second civil track for people who do not have a qualifying household relationship with the person harming them. Under SC Code 16-3-1750(A), the magistrates court has jurisdiction over an action seeking a restraining order against a person engaged in harassment in the first or second degree or stalking. The complaint and motion may be filed by any person, so a neighbor, a coworker, a dating partner, or a stranger can use it, and no criminal charge or conviction has to come first.
The magistrates court must provide forms for petitioners who do not have a lawyer and cannot charge a fee to file the complaint and motion, although it assesses a filing fee against the nonprevailing party at the end of the case (SC Code 16-3-1750(D)). The action is filed in the county where the defendant lives, where the harassment or stalking occurred, or where the plaintiff lives if the defendant is a nonresident or cannot be found.
This track has its own timeline, which is not the same as the Family Court schedule described below. Within 24 hours after the complaint and motion are filed, the court may hold an emergency hearing for good cause and issue a temporary restraining order without giving the defendant notice; a prima facie showing of present danger of bodily injury, verified by supporting affidavits, counts as good cause (SC Code 16-3-1760(A)). The court must hold the hearing on the restraining order itself within 15 days of filing, but no sooner than 5 days after the defendant has been served (SC Code 16-3-1760(C) and (D)). The order then runs for a fixed period of at least one year (SC Code 16-3-1750(E)) and may be extended by court order on a motion showing good cause with notice to the defendant (SC Code 16-3-1780(B)).
An order issued under this article must conspicuously state that violating it is a criminal offense punishable by 30 days in jail, a $500 fine, or both (SC Code 16-3-1770(C)(1)), and SC Code 16-3-1800 directs law enforcement officers to arrest a defendant who is acting in violation of the order once it has been served, with no arrest warrant required. Criminal reporting under the harassment and stalking statutes (SC Code Sections 16-3-1700 through 16-3-1730) stays available too, because SC Code 16-3-1830 provides that a proceeding under this article is in addition to other civil and criminal remedies.
Who can get a restraining order in South Carolina?
The qualifying "household member" relationship is the gatekeeper for obtaining a civil Order of Protection in South Carolina. Under SC Code 20-4-20, the following persons qualify:
- Spouses or former spouses
- A male and female who are cohabiting or have cohabited (persons sharing or formerly sharing a home in a domestic capacity), language the South Carolina Supreme Court has held cannot be used to exclude same-sex partners, as explained below
- Persons who share a child in common, regardless of whether they ever lived together
The statute has never been rewritten, so the printed text of SC Code 20-4-20(b) still limits the cohabitation category to a male and female. The official code prints a validity note directly under that definition pointing to Doe v. State, 421 S.C. 490, 808 S.E.2d 807 (2017). In that case the Richland County Family Court had summarily denied an unmarried woman's petition for an Order of Protection against her former same-sex partner, citing a lack of jurisdiction under 20-4-20(b).
The South Carolina Supreme Court declared SC Code 16-25-10(3) and 20-4-20(b) unconstitutional as applied and held that the family court may not use those provisions to prevent her or those in similar same-sex relationships from seeking an Order of Protection. If you are a same-sex cohabitant or former cohabitant, you are entitled to petition for an Order of Protection despite the wording of the statute, and you or your advocate can point the court to Doe v. State if your eligibility is questioned.
Minor children who live in the household can be included as protected parties in a parent's or guardian's petition.
A critical limitation under current South Carolina law is that a dating-only relationship does not qualify for the Order of Protection. If two people were in a romantic relationship but never lived together and do not share a child, they do not meet the statutory definition of "household member" under SC Code 20-4-20. South Carolina has not yet extended its domestic protective order statute to cover dating partners the way many other states have. People in that situation are not limited to criminal remedies. SC Code 16-3-1750 lets any person file for a restraining order in the magistrates court against someone engaged in harassment in the first or second degree or stalking, whatever the relationship, and a domestic violence advocate can also help you weigh whether criminal stalking or harassment charges may apply.
How to file for a restraining order in South Carolina
The primary venue for filing a civil Order of Protection in South Carolina is Family Court. Venue is proper in the county where the abuse occurred, where either party resides, or where the parties last cohabited. If you are unsure which county to file in, a domestic violence advocate or court self-help staff can advise you.
Under the federal Violence Against Women Act, you cannot be charged a filing fee or service fee to obtain a domestic violence protective order. Filing is free.
To start the process, you will complete a petition that describes the relationship, the specific abuse or threats, and what relief you are requesting. Family Court self-help centers assist petitioners in completing these forms. The South Carolina Coalition Against Domestic Violence and Sexual Assault (1-800-260-9293) can also connect you with a local advocate who can accompany you to court and explain each step.
If Family Court is closed and you face an immediate threat, you may go to a magistrate court for an emergency order. That emergency order is limited in scope and bridges the gap until a Family Court judge can hold a full hearing.
Temporary vs. final orders: how long they last
South Carolina's hearing structure runs on two possible tracks, and the 24-hour and 15-day clocks do not run from the same event or follow one another as sequential stages. If you are in immediate danger while Family Court is closed, a magistrate can issue a limited after-hours order under SC Code 20-4-30(A), covering only the no-contact relief in 20-4-60(a)(1), until Family Court can act.
Once your petition is filed in Family Court and the respondent is served, the court can hold an emergency hearing within 24 hours after service, on a good-cause showing of immediate and present danger, under SC Code 20-4-50(a). If that expedited hearing is not requested or the court denies it, the court must instead hold a standard hearing within 15 days of the petition being filed, with the respondent served at least 5 days before that hearing, under SC Code 20-4-50(b). At either hearing, both parties have the opportunity to present their case. Since the respondent gets the same chance, get a free case evaluation from a South Carolina family lawyer to prepare your case for the hearing (attorney advertising).
| Stage | Who is present | How long it lasts |
|---|---|---|
| After-hours magistrate order (court closed) | Petitioner only | Until Family Court can act (SC Code 20-4-30(A)) |
| Emergency hearing on good cause | Both, within 24 hours after service | Court may issue an order of protection at that hearing (SC Code 20-4-50(a)) |
| Standard hearing (used if no 24-hour hearing) | Both, within 15 days of filing | Court must hold a hearing and may issue an order of protection (SC Code 20-4-50(b)) |
| Final Order of Protection (after hearing) | Both parties | 6 months to 1 year initially; extendable |
A final Order of Protection runs for between six months and one year as initially set by the court. If the threat or danger continues as the order nears its expiration, the petitioner can ask the court to extend it. The court may grant an extension upon a showing of good cause, such as continued contact, threats, or ongoing danger.
Firearms and a South Carolina protective order
A final Order of Protection in South Carolina carries important firearms consequences. SC Code 16-25-30(A)(4) authorizes the family court, if it makes specific findings of physical harm, bodily injury, assault, or an attempt or offer to cause physical harm to a household member at the Order of Protection hearing, to prohibit the respondent from shipping, transporting, receiving, or possessing a firearm or ammunition for the duration of the order. This is a discretionary possession ban tied to those findings, not an automatic or standalone surrender statute.
Independently and automatically, a qualifying final Order of Protection triggers the federal firearm prohibition under 18 U.S.C. 922(g)(8). Under that federal statute, a person subject to a qualifying domestic violence protective order issued after notice and a hearing is prohibited from purchasing, possessing, or receiving any firearm or ammunition for the duration of the order.
This federal prohibition applies even if the court order itself does not expressly mention firearms. If you are concerned that the respondent continues to possess weapons despite a court-ordered firearm prohibition, contact local law enforcement and notify the court.
What happens if someone violates the order?
Violating a South Carolina Order of Protection exposes the respondent to two separate enforcement tracks under SC Code 20-4-60(B). First, the violation is a criminal offense: every Order of Protection issued under Chapter 4 must conspicuously state that violation is punishable by up to 30 days in jail or a $200 fine. Second, and separately, the violation may be prosecuted as contempt of court, which carries a more severe penalty of up to one year in jail and/or a fine of up to $1,500.
The two tracks are not mutually exclusive; a single violation may be pursued as both a criminal charge and a contempt proceeding, though courts typically proceed on one track. The underlying conduct that constitutes the violation, such as assault or harassment, may also be charged separately as a criminal domestic violence offense under SC Code Title 16, Chapter 25, which carries its own penalties.
South Carolina law authorizes police officers to arrest a person without a warrant when the officer has probable cause to believe the person has violated a protective order. You do not need to obtain a warrant before calling law enforcement.
If the respondent contacts you, comes near you, or violates any other term of the order, call 911 immediately. Save any messages, emails, voicemails, or other evidence of the violation with dates and times noted. Report the violation to the issuing Family Court so the record is updated and enforcement can be pursued. A local domestic violence advocate can help you document violations and navigate the process of seeking contempt charges.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
Related pages
For the national framework covering how protective orders work across all states, see the Restraining Order Laws by State hub.
If you are documenting incidents of abuse or threats in South Carolina, understanding South Carolina recording laws can help you know what recordings are legally permitted as evidence.
More South Carolina Laws
- South Carolina Child Custody Laws
- South Carolina Divorce Laws
- South Carolina GPS Tracking Laws
- South Carolina Self-Defense Laws
Frequently Asked Questions
How do I get a restraining order in South Carolina?
File a petition for an Order of Protection at the Family Court in the county where the abuse occurred or where either party resides. Describe the household relationship, the specific abuse or threats, and the protections you need. If Family Court is closed, a magistrate can issue a limited emergency order. Once you file, the court can hold an emergency hearing within 24 hours after the respondent is served on a good-cause showing, or, if that track isn't used, a standard hearing within 15 days of filing. Court self-help staff and local domestic violence advocates can help you complete the forms at no charge. If the person harming you is not a household member, you file a different order instead: a complaint and motion for a restraining order against harassment or stalking in the magistrates court under SC Code 16-3-1750, which any person may file and which carries no fee to file.
How long does a restraining order last in South Carolina?
If Family Court is closed, a magistrate can issue a limited order until Family Court can act. Once you file, the court can hold an emergency hearing within 24 hours after the respondent is served, or, if that track isn't used, a standard hearing within 15 days of filing. A final Order of Protection runs from 6 months to 1 year as set by the court. Before it expires, the petitioner can ask the court to extend it, and the court may do so upon a showing of good cause that the threat or danger continues.
How much does a restraining order cost in South Carolina?
Filing for an Order of Protection is free. Federal law (the Violence Against Women Act) prohibits courts from charging a filing fee or service fee for a domestic violence protective order. There is no cost to the petitioner to file or to have the respondent served.
Can I get a restraining order without a police report?
Yes. A police report is not required to file for a civil Order of Protection in South Carolina. The court evaluates the evidence in your petition and affidavit. Having a police report, medical records, photographs, or documented communications can strengthen your case, but the civil petition process is independent of any criminal investigation.
Does a restraining order take away gun rights in South Carolina?
A qualifying final Order of Protection triggers the federal firearm prohibition under 18 U.S.C. 922(g)(8), which bars the respondent from purchasing or possessing any firearm or ammunition for the duration of the order. Under SC Code 16-25-30(A)(4), the family court can also prohibit the respondent from possessing, shipping, receiving, or transporting a firearm or ammunition if it makes specific findings of physical harm or an attempted assault at the Order of Protection hearing.
What happens if the abuser violates the restraining order?
Violating a South Carolina Order of Protection triggers two enforcement tracks under SC Code 20-4-60(B). The first is a criminal offense punishable by up to 30 days in jail or a $200 fine. The second is contempt of court, punishable by up to 1 year in jail and/or a fine up to $1,500. Police may arrest without a warrant on probable cause. Call 911 immediately if any term of the order is violated, preserve all evidence such as messages or call logs, and report the violation to the Family Court as well.
Does South Carolina cover dating relationships in a restraining order?
Not for an Order of Protection. Under SC Code 20-4-20, that order applies only to household members: spouses or former spouses, persons who cohabit or have cohabited, and persons who share a child in common. A dating-only relationship with no shared home and no child in common does not meet that definition. You do have another civil option, though: SC Code 16-3-1750 lets any person file a restraining order complaint in the magistrates court against someone engaged in harassment in the first or second degree or stalking, with no fee to file and no criminal charge required first. Separately, although 20-4-20(b) is written in male-and-female terms, the South Carolina Supreme Court held in Doe v. State, 421 S.C. 490 (2017), that the family court may not use that language to keep same-sex cohabitants from seeking an Order of Protection.
Updates
Corrected the page's statement that South Carolina has no standalone civil harassment or stalking order, since SC Code 16-3-1750 lets any person file one in magistrates court, and added the South Carolina Supreme Court's holding in Doe v. State (2017) that same-sex cohabitants may seek an Order of Protection despite the male-and-female wording of SC Code 20-4-20(b).
Corrected how South Carolina's protective-order hearing timeline actually works (an after-hours magistrate order when court is closed, then either a 24-hour hearing after the respondent is served or an alternative 15-day hearing from the filing date, not a sequential emergency-order-then-15-day-hearing process), and corrected the firearms language from a 'surrender requirement' to the discretionary, findings-dependent possession prohibition SC Code 16-25-30(A)(4) actually provides.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
South Carolina Code of Laws, Title 20: DOMESTIC RELATIONS
§ 20-4-60Order of protection; contentsIn force
(A) Any order of protection granted under this chapter shall be to protect the petitioner or the abused person or persons on whose behalf the petition was filed and may include: (1) temporarily enjoining the respondent from abusing, threatening to abuse, or molesting the petitioner or the person or persons on whose behalf the petition was filed; (2) temporarily enjoining the respondent from communicating or attempting to communicate with the petitioner in any way which would violate the provisions of this chapter and temporarily enjoining the respondent from entering or attempting to enter the petitioner's place of residence, employment, education, or other location as the court may order.
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at scstatehouse.gov
§ 20-4-20DefinitionsIn force
As used in this chapter: (a) "Abuse" means: (1) physical harm, bodily injury, assault, or the threat of physical harm; (2) sexual criminal offenses, as otherwise defined by statute, committed against a family or household member by a family or household member. For validity of (b), see Editors' Notes below. (b) "Household member" means: (i) a spouse; (ii) a former spouse; (iii) persons who have a child in common; (iv) a male and female who are cohabiting or formerly have cohabited. (c) "Court" means the Family Court. (d) "Petitioner" means the person alleging abuse in a petition for an order of protection. (e) "Respondent" in a petition for an order of protection means the person alleged to have abused another or a person alleged to have aided and abetted such abuse. (f) "Order of protection" means an order of protection issued to protect the petitioner or minor household members from the abuse of another household member where the respondent has received notice of the proceedings and has had an opportunity to be heard.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Diannia R. Taylor v. Reginald B. Taylor (Court of Appeals of South Carolina 2023)“…ho are cohabiting or formerly have cohabited. S.C. Code Ann. § 20-4-20(b) (2014 & Supp. 2022). This definition…”
- Doe v. State (Supreme Court of South Carolina 2017)“…of the proceedings and has had an opportunity to be heard." S.C. Code Ann. § 20-4-20(f) (2014). 4 Subsequently, Doe sought…”
- Emily Major v. James Major (Court of Appeals of South Carolina 2026)“…ted—alleging "abuse" against another household member.5 See S.C. Code Ann. § 20-4-20(b), (f) (2014 & Supp. 2025); see also §…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 20-4-50Hearing on petitionIn force
(a) Within twenty-four hours after service of a petition under this chapter upon the respondent, the court may, for good cause shown, hold an emergency hearing and issue an order of protection if the petitioner proves the allegation of abuse by a preponderance of the evidence. A prima facie showing of immediate and present danger of bodily injury, which may be verified by supporting affidavits, constitutes good cause for purposes of this section. (b) If the court denies the motion for a twenty-four-hour hearing or such a hearing is not requested, the petitioner may request and the court must grant a hearing within fifteen days of the filing of a petition. The court must cause a copy of the petition to be served upon the respondent at least five days prior to the hearing, except as provided in subsection (a), in the same manner required for service in the circuit courts. Where service is not accomplished five days prior to the hearing, the respondent, upon his motion, is entitled to a continuance until such time is necessary to provide for compliance with this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 20-4-30JurisdictionIn force
(A) The family court has jurisdiction over all proceedings under this chapter except that, during nonbusiness hours or at other times when the court is not in session, the petition may be filed with a magistrate. The magistrate may issue an order of protection granting only the relief provided by Section 20-4-60(a)(1). (B) Except as provided in subsection (C), actions for an order of protection must be filed in the county in which: (1) the alleged act of abuse occurred; (2) the petitioner resides or is sheltered, unless the petitioner is a nonresident of the State; (3) the respondent resides, unless the respondent is a nonresident of the State; or (4) the parties last resided together. (C)(1) If the action is filed in the county in which the petitioner resides or is sheltered and the respondent is a nonresident of that county, the petitioner must request that the action be immediately transferred to another county in which venue is proper and must include a supplemental petition that designates the transfer county and that changes all specific references to the county of filing to the transfer county.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Emily Major v. James Major (Court of Appeals of South Carolina 2026)“…r an order of protection to be filed with a magistrate. See S.C. Code Ann. § 20-4-30(A) (2014). However, the magistrate is l…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
South Carolina Code of Laws, Title 16: CRIMES AND OFFENSES
§ 16-3-1750Action seeking a restraining order against a person engaged in harassment or stalking; jurisdiction and venue; forms; enforceabilityIn forcecited in 2 of our articles
(A) Pursuant to this article, the magistrates court has jurisdiction over an action seeking a restraining order against a person engaged in harassment in the first or second degree or stalking. (B) An action for a restraining order must be filed in the county in which: (1) the defendant resides when the action commences; (2) the harassment in the first or second degree or stalking occurred; or (3) the plaintiff resides if the defendant is a nonresident of the State or cannot be found. (C) A complaint and motion for a restraining order may be filed by any person. The complaint must: (1) allege that the defendant is engaged in harassment in the first or second degree or stalking and must state the time, place, and manner of the acts complained of, and other facts and circumstances upon which relief is sought; (2) be verified; and (3) inform the defendant of his right to retain counsel to represent him at the hearing on the complaint. (D) The magistrates court must provide forms to facilitate the preparation and filing of a complaint and motion for a restraining order by a plaintiff not represented by counsel.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Emily Major v. James Major (Court of Appeals of South Carolina 2026)“…d in harassment in the first or second degree or stalking." S.C. Code Ann. § 16-3-1750(A) (2015). Harassment is "a pattern of…”
- Tina Patton v. Linda Doty (Court of Appeals of South Carolina 2025)“…year, as determined by the court on a case-by-case basis." S.C. Code Ann. § 16-3-1750(E) (2015). Section 22-3-550 conferred j…”
- Linda Ammons v. Ormondo Leombruno (Court of Appeals of South Carolina 2024)“…year, as determined by the court on a case-by-case basis." S.C. Code Ann. § 16-3-1750(E) (2015). "The circuit court, acting…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026)
§ 16-3-1760When temporary restraining orders may be granted without notice; notice and hearing on motion seeking restraining orderIn forcecited in 2 of our articles
(A) Within twenty-four hours after the filing of a complaint and motion seeking a restraining order pursuant to Section 16-3-1750, the court, for good cause shown, may hold an emergency hearing and, if the plaintiff proves his allegation by a preponderance of the evidence, may issue a temporary restraining order without giving the defendant notice of the motion for the order. A prima facie showing of present danger of bodily injury, verified by supporting affidavits, constitutes good cause. (B) A temporary restraining order granted without notice must be served upon the defendant together with a copy of the complaint and a Rule to Show Cause why the order should not be extended for the full one-year period. The Rule to Show Cause must provide the date and time of the hearing for the Rule to Show Cause. The defendant must be served within five days before the hearing in the same manner required for service as provided in the South Carolina Rules of Civil Procedure.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 16-3-1770Form and content of temporary restraining orderIn force
(A) A temporary restraining order granted without notice must be endorsed with the date and hour of issuance and entered of record with the magistrates court. (B) The terms of the restraining order must protect the plaintiff and may include temporarily enjoining the defendant from: (1) abusing, threatening to abuse, or molesting the plaintiff or members of the plaintiff's family; (2) entering or attempting to enter the plaintiff's place of residence, employment, education, or other location; and (3) communicating or attempting to communicate with the plaintiff in a way that would violate the provisions of this article.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Emily Major v. James Major (Court of Appeals of South Carolina 2026)“…would violate the provisions of this article. S.C. Code Ann. § 16-3-1770(B) (2015). The Protection from…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 16-3-1700DefinitionsIn forcecited in 3 of our articles
As used in this article: (A) "Harassment in the first degree" means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a reasonable person in his position to suffer mental or emotional distress. Harassment in the first degree may include, but is not limited to: (1) following the targeted person as he moves from location to location; (2) visual or physical contact that is initiated, maintained, or repeated after a person has been provided oral or written notice that the contact is unwanted or after the victim has filed an incident report with a law enforcement agency; (3) surveillance of or the maintenance of a presence near the targeted person's: (a) residence; (b) place of work; (c) school; or (d) another place regularly occupied or visited by the targeted person; and (4) vandalism and property damage.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):South Carolina courts have construed Section 16-3-1700's harassment and stalking definitions. State v. Brandenburg (2017) held first degree harassment is a lesser included offense of stalking. Emily Major v. James Major (2026) applied them in holding a magistrate court keeps jurisdiction over a stalking restraining order between spouses.
Opinions citing this section in our collection:
- State v. Brandenburg (Court of Appeals of South Carolina 2017, 419 S.C. 346)✓Brandenburg followed and kept contacting his estranged wife despite a no contact order; the jury acquitted him of stalking but convicted him of first degree harassment, and the court held harassment under Section 16-3-1700(A) is a lesser included offense of stalking.
- Emily Major v. James Major (Court of Appeals of South Carolina 2026)✓A wife sought a magistrate restraining order over daily unwanted gifts, letters and threatening emails from her estranged husband; applying the harassment and stalking definitions in Section 16-3-1700, the court held the magistrate keeps jurisdiction even between spouses.
- Washington v. State (Court of Appeals of South Carolina 2023)“…f time, however short, evidencing a continuity of purpose." S.C. Code Ann. § 16-3-1700(D) (2015). The solicitor stated Petiti…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Carolina Laws on Recording in Public: Your Rights Explained (2026)
§ 16-25-30Firearms and ammunition prohibitions; penaltiesIn force
(A) Notwithstanding the provisions of Section 16-23-30, it is unlawful for a person to ship, transport, receive, or possess a firearm or ammunition, if the person: (1) has been convicted of a violation of Section 16-25-20(B) or 16-25-65, or has been convicted of domestic violence in another state, tribe, or territory containing among its elements those elements enumerated in Section 16-25-20(B) or Section 16-25-65; (2) has been convicted of a violation of Section 16-25-20(C) and the court made specific findings and concluded that the person caused moderate bodily injury to their own household member, or has been convicted of domestic violence in another state, tribe, or territory containing among its elements those elements enumerated in Section 16-25-20(C) and the court made specific findings and concluded that the person caused moderate bodily injury to their own household member; (3) has been convicted of a violation of Section 16-25-20(C) or (D) and the judge at the time of sentencing ordered that the person is prohibited from shipping, transporting, receiving, or possessing a firearm or ammunition, or has been convicted of domestic violence in another state, tribe, or…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2005
Opinions citing this section in our collection:
- State v. Jackson (Court of Appeals of South Carolina 2003)“…dred dollars or imprisoned not more than thirty days. S.C. Code Ann. § 16-25-30 (Supp. 2001). However, the enhanceme…”
- United States v. Varnim (Court of Appeals for the Fourth Circuit 2005, 155 F. App'x 712)“…o $500 or imprisonment for “not more than thirty days.” S.C. Code Ann. § 16-25-30 (Law. Co-op. 2003). The background…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 16-3-1730Penalties for conviction of stalkingIn forcecited in 2 of our articles
(A) A person who engages in stalking is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars, imprisoned not more than five years, or both. (B) A person who engages in stalking when an injunction or restraining order, including a restraining order issued by the family court, is in effect prohibiting this conduct is guilty of a felony and, upon conviction, must be fined not more than seven thousand dollars, imprisoned not more than ten years, or both. (C) A person who engages in stalking and who has a prior conviction of harassment or stalking within the preceding ten years is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars, imprisoned not more than fifteen years, or both. (D) In addition to the penalties provided in this section, a person convicted of stalking who received licensing or registration information pursuant to Article 4, Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense pursuant to this section must be fined one thousand dollars or imprisoned one year, or both.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 16-3-1780Expiration of temporary restraining orders and restraining orders; extensions and modificationsIn force
(A) A temporary restraining order remains in effect until the hearing on the Rule to Show Cause why the order should not be extended for the full one-year period. The temporary restraining order must be for a fixed period in accordance with subsection (B) if the court finds the defendant in default at the hearing. (B) In cases not provided for in subsection (A), a restraining order must be for a fixed period not to exceed one year but may be extended by court order on a motion by the plaintiff, showing good cause, with notice to the defendant. The defendant is entitled to a hearing on the extension of an order issued pursuant to this subsection within thirty days of the date upon which the order will expire. (C) Notwithstanding subsection (B), the provisions included in a restraining order granting relief pursuant to Section 16-3-1770 dissolve one year following the issuance of the order unless, prior to the expiration of this period, the court has charged the defendant with the crime of harassment in the first or second degree or stalking and has scheduled a date for trial on the charge.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 16-3-1800Arrest upon violation of restraining orderIn force
Law enforcement officers shall arrest a defendant who is acting in violation of a restraining order after service and notice of the order is provided. An arrest warrant is not required.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
§ 16-3-1830Availability of other civil and criminal remediesIn force
A proceeding commenced pursuant to this article is in addition to other civil and criminal remedies.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at scstatehouse.gov
United States Code Title 18
§ 922Unlawful actsIn forcecited in 72 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Opinions citing this section in our collection:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
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This article also draws on these acts and chapters (opening at their first section): South Carolina Code of Laws, Title 16: CRIMES AND OFFENSES § 16-25-10 (Definitions) · South Carolina Code of Laws, Title 20: DOMESTIC RELATIONS § 20-4-10 (Short title)
Related law for further reading — not part of this article’s citations.
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Sources and References
- SC Code Title 20, Chapter 4 (Protection from Domestic Abuse Act)(scstatehouse.gov).gov
- SC Code Title 16, Chapter 25 (Criminal Domestic Violence and Firearms)(scstatehouse.gov).gov
- SC Code Title 16, Chapter 3, Article 17 (Harassment and Stalking), Sections 16-3-1750 through 16-3-1830: civil restraining orders in magistrates court(scstatehouse.gov)
- Doe v. State, 421 S.C. 490, 808 S.E.2d 807 (S.C. 2017) (substituted opinion on rehearing, filed Nov. 17, 2017): SC Code 16-25-10(3) and 20-4-20(b) declared unconstitutional as applied to a same-sex cohabitant seeking an Order of Protection(courtlistener.com)