How to Get a Restraining Order in South Carolina
In South Carolina these are called Order of Protection (Protection from Domestic Abuse Act). A protective order is a court order that tells someone to stop abusing, threatening, stalking or contacting you. Here is how to ask for one, what happens next, and where to get free help — each rule linked to the statute or official court page.
Quick answers for South Carolina
- Cost
- The clerk cannot charge a fee to file a petition for an order of protection, and there is no charge to the petitioner for mailing or serving the order. S.C. Code §§ 20-4-40(f), 20-4-65, 20-4-80
- Emergency / temporary orders
- For good cause, such as a showing of immediate and present danger of bodily injury, the court can hold an emergency hearing within 24 hours after the respondent is served and issue an order of protection. S.C. Code §§ 20-4-50(a), 20-4-70(D)
- How long an order lasts
- An order of protection lasts a fixed time of at least 6 months and no more than 1 year. Either party can ask to extend or end it for good cause with notice to the other; S.C. Code § 20-4-70(A)
- Where to ask
- File in Family Court in the county where the abuse happened, where you live or are sheltered, where the respondent lives, or where you last lived together (with transfer rules in some situations). S.C. Code §§ 20-4-30, 20-4-120
Last verified: 2026-10-25
Safety first
- If you are in immediate danger, call 911.
- You can talk to a trained advocate any time, for free and confidentially, through the National Domestic Violence Hotline.
- Advocates can help you make a safety plan and fill out the court forms. Many courts have advocates on site.
- Keep copies of the order with you. Give copies to people who need to know, such as your workplace or your child's school.
Getting an order
| Types of orders | South Carolina's Protection from Domestic Abuse Act provides an Order of Protection from Family Court against a household member. Magistrates can issue emergency orders when Family Court is closed. Restraining orders against non-household members (e.g., for stalking or harassment) are under a separate law (S.C. Source: S.C. Code §§ 20-4-30, 20-4-40 |
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| Who can ask for an order | Household members: a spouse, a former spouse, people who have a child in common, and people who live together or used to live together. A household member can also file on behalf of minor household members. The statute's cohabitant wording ('a male and female') was held unconstitutional as applied to same-sex couples in Jane Doe v. State (S.C. 2017), as noted on the official code page. |
| Where to ask | File in Family Court in the county where the abuse happened, where you live or are sheltered, where the respondent lives, or where you last lived together (with transfer rules in some situations). When Family Court is closed (nights, weekends), you can file with a magistrate, who can order the respondent not to abuse, threaten or molest you. Leaving home to avoid abuse does not affect your right to relief. Source: S.C. Code §§ 20-4-30, 20-4-120 |
| Cost | The clerk cannot charge a fee to file a petition for an order of protection, and there is no charge to the petitioner for mailing or serving the order. |
Emergency orders and the hearing
| Emergency / temporary orders | For good cause, such as a showing of immediate and present danger of bodily injury, the court can hold an emergency hearing within 24 hours after the respondent is served and issue an order of protection. A magistrate's emergency order lasts until the date stated in it or until Family Court issues a later order, whichever is first. |
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| Serving the order | The petition is served on the respondent in the same way as circuit court cases. A certified copy of the order must be mailed to or served on the petitioner, the respondent, and local law enforcement, with no charge to the petitioner. The court can order the sheriff or police to help put you in possession of the home or to help serve the order. |
| The court hearing | If there is no emergency hearing, you can ask for a hearing and the court must hold it within 15 days after the petition is filed. The respondent must be served at least 5 days before the hearing (or may get a continuance). Source: S.C. Code § 20-4-50(b) |
| How long an order lasts | An order of protection lasts a fixed time of at least 6 months and no more than 1 year. Either party can ask to extend or end it for good cause with notice to the other; the respondent has a right to a hearing on an extension within 30 days of the expiration date. Source: S.C. Code § 20-4-70(A) |
What the order does
| What an order can require | The order can bar the respondent from abusing, threatening or molesting you, from contacting you, and from coming to your home, job, school or other places. After a hearing the court can also award temporary custody and visitation, temporary support, temporary possession of the home, temporary possession of personal property including pets (with police help to remove belongings), protection of pets from harm, and costs and attorney fees. Source: S.C. Code § 20-4-60(A), (C) |
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| Firearms | A person subject to a Family Court order of protection may not ship, transport, receive or possess firearms or ammunition if the judge made specific findings of physical harm, bodily injury, assault, or an attempt or offer to cause harm to a household member and ordered the firearm prohibition. Federal law may also restrict firearm possession under certain protection orders. Source: S.C. Code § 16-25-30(A)(4) |
| If the order is violated | Every order must state that violating it is a criminal offense punishable by 30 days in jail or a $200 fine, or may be contempt of court punishable by up to 1 year in jail and/or a fine up to $1,500. Entering a domestic violence shelter where a household member lives while subject to an order is a separate crime. Source: S.C. Code § 20-4-60(B) |
Children and privacy
| Minors and children | A household member can file on behalf of minor household members, and the order can protect minors in the household. |
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Forms and help in South Carolina
- South Carolina courts: protective order help
- Official South Carolina protective order forms
- South Carolina Coalition Against Domestic Violence & Sexual Assault (SCCADVASA) — 803-256-2900
- Free legal aid in South Carolina
South Carolina protective order FAQ
What kinds of protective orders are available in South Carolina?
South Carolina's Protection from Domestic Abuse Act provides an Order of Protection from Family Court against a household member. Magistrates can issue emergency orders when Family Court is closed.
Who can get a restraining order in South Carolina?
Household members: a spouse, a former spouse, people who have a child in common, and people who live together or used to live together. A household member can also file on behalf of minor household members.
Where do I file for a restraining order in South Carolina?
File in Family Court in the county where the abuse happened, where you live or are sheltered, where the respondent lives, or where you last lived together (with transfer rules in some situations). When Family Court is closed (nights, weekends), you can file with a magistrate, who can order the respondent not to abuse, threaten or molest you. Leaving home to avoid abuse does not affect your right to relief.
Does it cost money to get a restraining order in South Carolina?
The clerk cannot charge a fee to file a petition for an order of protection, and there is no charge to the petitioner for mailing or serving the order.
How fast can I get an emergency protective order in South Carolina?
For good cause, such as a showing of immediate and present danger of bodily injury, the court can hold an emergency hearing within 24 hours after the respondent is served and issue an order of protection. A magistrate's emergency order lasts until the date stated in it or until Family Court issues a later order, whichever is first.
What happens at the restraining order hearing in South Carolina?
If there is no emergency hearing, you can ask for a hearing and the court must hold it within 15 days after the petition is filed. The respondent must be served at least 5 days before the hearing (or may get a continuance).
How long does a restraining order last in South Carolina?
An order of protection lasts a fixed time of at least 6 months and no more than 1 year. Either party can ask to extend or end it for good cause with notice to the other; the respondent has a right to a hearing on an extension within 30 days of the expiration date.
What can a protective order do in South Carolina?
The order can bar the respondent from abusing, threatening or molesting you, from contacting you, and from coming to your home, job, school or other places. After a hearing the court can also award temporary custody and visitation, temporary support, temporary possession of the home, temporary possession of personal property including pets (with police help to remove belongings), protection of pets from harm, and costs and attorney fees.
Does a protective order affect firearms in South Carolina?
A person subject to a Family Court order of protection may not ship, transport, receive or possess firearms or ammunition if the judge made specific findings of physical harm, bodily injury, assault, or an attempt or offer to cause harm to a household member and ordered the firearm prohibition.
How is a restraining order served in South Carolina?
The petition is served on the respondent in the same way as circuit court cases. A certified copy of the order must be mailed to or served on the petitioner, the respondent, and local law enforcement, with no charge to the petitioner. The court can order the sheriff or police to help put you in possession of the home or to help serve the order.
What happens if someone violates a protective order in South Carolina?
Every order must state that violating it is a criminal offense punishable by 30 days in jail or a $200 fine, or may be contempt of court punishable by up to 1 year in jail and/or a fine up to $1,500. Entering a domestic violence shelter where a household member lives while subject to an order is a separate crime.
Can a minor get a restraining order in South Carolina?
A household member can file on behalf of minor household members, and the order can protect minors in the household.
Protective orders in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.