How Protective Orders Work in SC Domestic Violence Cases

Domestic violence is a serious issue that affects individuals and families across South Carolina.

One of the primary legal tools available to protect victims of abuse is a protective order in South Carolina, also known as an order of protection.

This article explains how protective orders work in South Carolina domestic violence cases, including who qualifies for one, how they are obtained, and what protections they provide.

What Is a Protective Order in South Carolina?

In South Carolina, a protective order is a civil court order that restricts an alleged abuser from engaging in certain behaviors toward a victim of domestic abuse.

These orders are governed by the South Carolina Protection from Domestic Abuse Act, found in S.C. Code Ann. § 20-4-10 et seq.

Protective orders in South Carolina are typically issued by the family court and can provide various forms of relief, including:

Prohibiting the abuser from contacting or coming near the victim;
Granting temporary custody of children;
Awarding temporary possession of a shared residence; and
Restraining the abuser from committing further acts of abuse

Who Can Request a Protective Order?

According to S.C. Code Ann. § 20-4-20, an individual may seek an Order of Protection in South Carolina if they have been subjected to physical harm, bodily injury, or the threat of physical harm by a household member.

The term “household member” includes:

A spouse or former spouse;
People who have a child together;
People who live together or formerly lived together; or
People who are or were in a dating relationship

How to File for a Protective Order in South Carolina

The process to obtain a protective order in South Carolina involves several key steps:

Filing a Petition: The victim, or petitioner, files a petition for an Order of Protection in the family court of the county where they live, where the alleged abuser lives, or where the abuse occurred.
Temporary Hearing: In emergency situations, the court may grant a temporary protective order without notifying the abuser. A full hearing is then scheduled within 15 days.
Full Hearing: Both parties have the opportunity to present evidence and testify. The judge will decide whether to issue a final protective order based on the testimony and evidence presented.

Victims do not need to have an attorney to request a protective order, but legal guidance can help ensure that all necessary documentation and evidence are properly submitted.

What Happens at the Protective Order Hearing?

At the hearing, both the petitioner and the respondent (the alleged abuser) may testify, present witnesses, and submit physical evidence such as text messages, photographs, or police reports.

The judge considers whether there is credible evidence that abuse occurred and whether a protective order is necessary to prevent further harm.

If the judge grants the order, it can remain in effect for up to one year and may be extended upon request. Violations of the order can lead to criminal penalties, including fines or jail time under S.C. Code Ann. § 20-4-60.

What Protections Are Included in the Order?

A South Carolina protective order can include a range of provisions designed to ensure the safety and well-being of the petitioner. Common terms may:

Prohibit any form of contact, including phone calls, texts, emails, or social media messages
Restrict the respondent from coming within a certain distance of the petitioner’s home, workplace, or school
Award temporary custody of minor children to the petitioner
Provide temporary use of the family home or vehicle
Order the respondent to surrender firearms

Each order is tailored to the specific facts of the case, and the court has discretion to grant any relief it deems necessary.

Enforcement of Protective Orders in South Carolina

Violating a South Carolina protective order is a criminal offense. Law enforcement officers are authorized to arrest an individual who violates the terms of the order, even without a warrant, if they have probable cause to believe a violation occurred.

According to S.C. Code Ann. § 20-4-60(B), violators may be subject to fines, jail time, or both.

Additionally, violations may be used as evidence in related criminal or family court proceedings, including child custody disputes.

How Protective Orders Interact with Criminal Charges

Protective orders in South Carolina are civil in nature, but they often accompany criminal charges in domestic violence cases.

If the abuse results in criminal prosecution under the South Carolina Domestic Violence statute (S.C. Code Ann. § 16-25-20), the protective order provides an added layer of safety during the criminal case.

In some instances, criminal courts may issue separate no-contact orders or bond conditions. These can work in tandem with or separately from a family court protective order in South Carolina.

Modifying or Terminating a Protective Order

Either party may request a modification or early termination of the protective order by filing a motion with the court. The judge may grant such a request if circumstances have changed or if both parties agree.

However, until the court officially modifies or terminates the order, all conditions remain in effect.

Frequently Asked Questions (FAQ) About Protective Orders in South Carolina

1. How long does a protective order last in South Carolina?

An Order of Protection, in South Carolina, can last up to one year, but the court can extend it upon request if circumstances warrant continued protection.

2. Can a protective order be issued without notifying the abuser?

Yes, in emergency situations, the court can issue a temporary protective order ex parte (without the abuser being present), followed by a full hearing within 15 days.

3. What happens if someone violates a protective order in South Carolina?

Violating a protective order is a criminal offense. The violator may face arrest, fines, and possible jail time, and the violation can affect related legal proceedings.

4. Can I still file for a protective order if there are no criminal charges?

Yes, protective orders are civil remedies and do not require criminal charges to be filed. You can seek an order solely through the family court.

5. Do I need a lawyer to get a protective order in South Carolina?

While it is not required to have a lawyer, having legal representation can help ensure your rights are protected and increase your chances of a favorable outcome.

Contact Us for Help with Protective Orders in South Carolina

Protective orders in South Carolina are a vital legal resource for individuals facing domestic abuse. They offer timely and enforceable relief to help victims regain a sense of safety and stability.

Whether you’re seeking protection or responding to a petition, understanding the legal process can be essential for protecting your rights and well-being.

If you or a loved one is involved in a domestic violence situation, you don’t have to navigate the legal system alone.

Our law firm is here to help you understand your options and represent your interests in court.

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