South Carolina Restraining Order Laws (2026): How to Get a Protective Order
South Carolina Restraining Order Laws (2026): How to Get a Protective Order
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 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 does not have a standalone civil harassment or civil stalking order that a person can file for independently when there is no qualifying domestic relationship with the perpetrator. A few other states have created this separate track, but South Carolina has not. Victims of stalking or harassment by someone outside a qualifying household relationship are directed to criminal remedies, such as reporting under the stalking and harassment statutes (SC Code Sections 16-3-1700 through 16-3-1730), rather than through a separate civil petition.
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)
- Persons who share a child in common, regardless of whether they ever lived together
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 should consult with law enforcement or a domestic violence advocate about 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 uses a two-stage process. The first stage is an emergency order, which a judge can issue within 24 hours of the petition being filed upon a showing of good cause, meaning the petitioner faces an immediate threat of harm. This emergency order is issued without the respondent present and remains in effect until the full hearing.
After the respondent is served and notified, a full hearing is scheduled. This hearing is typically held within 15 days of the emergency order being issued. At the hearing, both parties have the opportunity to present their case.
| Stage | Who is present | How long it lasts |
|---|---|---|
| Emergency order | Petitioner only | Until the full hearing (set within 15 days) |
| 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 prohibits a person convicted of domestic violence from possessing a firearm. Courts also have authority to include a firearms surrender requirement in an Order of Protection.
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 may not comply with a surrender requirement or continues to possess weapons, 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.
More South Carolina Laws
- South Carolina AI Meeting Recording Laws
- South Carolina Alimony Laws
- South Carolina At-Will Employment Laws
- South Carolina Car Accident Laws
- South Carolina Car Seat Laws
- South Carolina Child Custody Laws
- South Carolina Child Support Laws
- South Carolina Common Law Marriage Laws
- South Carolina Data Privacy Laws
- South Carolina Divorce Laws
- South Carolina Dog Bite Laws
- South Carolina Emancipation Laws
- South Carolina Expungement Laws
- South Carolina Hit and Run Laws
- South Carolina Landlord-Tenant Laws
- South Carolina Lemon Laws
Sources
- SC Code Title 20, Chapter 4 (Protection from Domestic Abuse Act) (official South Carolina Legislature)
- SC Code 16-25-30 (firearm possession prohibition) (official South Carolina Legislature)
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.