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How to Get an Order of Protection in South Carolina

Reviewed by DocDraft Legal Team · South Carolina · Last updated September 17, 2026

In South Carolina, an Order of Protection is a Family Court order that directs a household member to stop abusing, threatening, or harassing you and to stay away from you, issued under the Protection from Domestic Abuse Act (S.C. Code 20-4-10 and following). You seek one when a spouse, a former spouse, someone you live with or have lived with, or a co-parent has harmed you, threatened harm, or committed assault. You start by filing a verified Petition for Order of Protection with the Family Court in the county where you live, where the abuse happened, or where the respondent lives (S.C. Code 20-4-30). The clerk of court may not charge a fee to file (S.C. Code 20-4-40). South Carolina does not issue an order without notice to the other side. Instead, the court can hold an emergency hearing within twenty-four hours after the respondent is served, for good cause such as immediate danger of bodily injury (S.C. Code 20-4-50). If no emergency hearing is held, the court must grant a hearing within fifteen days of filing. A final Order of Protection lasts a fixed time of not less than six months and not more than one year, and it can be extended for good cause (S.C. Code 20-4-70). If you are in immediate danger, call 911; the National Domestic Violence Hotline is available at 1-800-799-7233. Attorney review of your petition is available through DocDraft.

Find out where you stand in South Carolina

Where are you in getting a restraining order?

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How do I get an Order of Protection in South Carolina?

File a verified Petition for Order of Protection with the Family Court in the county where you live, where the abuse happened, or where the respondent lives. The clerk may not charge a filing fee (S.C. Code 20-4-40). The court then sets a hearing to decide whether to issue the order.

How long does it take to get an Order of Protection in South Carolina?

If you show good cause, such as immediate danger of bodily injury, the court can hold an emergency hearing within twenty-four hours after the respondent is served (S.C. Code 20-4-50). Otherwise, the court must grant a hearing within fifteen days of the date you file your petition.

How long does an Order of Protection last in South Carolina?

A final Order of Protection is issued for a fixed time of not less than six months and not more than one year (S.C. Code 20-4-70). Either party can ask the court to extend or end it for good cause, with notice to the other side, before it expires.

Which court handles Orders of Protection in South Carolina?

The Family Court handles Orders of Protection under the Protection from Domestic Abuse Act (S.C. Code 20-4-30). You file in the county where you live, where the abuse occurred, or where the respondent lives. Harassment or stalking by a non-household member goes to magistrate court instead (S.C. Code 16-3-1750).

South Carolina order of protection law at a glance

In South Carolina, an Order of Protection is a Family Court order that stops a household member from abusing, threatening, or harassing you, issued under the Protection from Domestic Abuse Act (S.C. Code 20-4-10 and following). You ask for one by filing a verified Petition for Order of Protection, and the clerk may not charge a filing fee (S.C. Code 20-4-40). South Carolina does not issue an order without notice to the respondent. Instead, the court can hold an emergency hearing within twenty-four hours after service for good cause (S.C. Code 20-4-50), and if none is held, it must grant a hearing within fifteen days of filing. A final order lasts a fixed time of not less than six months and not more than one year, and it can be extended for good cause (S.C. Code 20-4-70).

Getting a South Carolina order of protection after threats from an ex-partner

In South Carolina, an Order of Protection runs through the Family Court, so suppose your former live-in partner has been threatening you and showing up at your home. You complete a verified Petition for Order of Protection describing the threats with dates and file it with the Family Court clerk at no cost (S.C. Code 20-4-40). Because you show immediate danger of bodily injury, the court holds an emergency hearing within twenty-four hours after your ex is served (S.C. Code 20-4-50). You testify and show screenshots of the threats. The judge issues an Order of Protection barring contact and ordering your ex to stay away, for a fixed term of one year (S.C. Code 20-4-70). You keep a copy with you and calendar the expiration to seek an extension. Attorney review of your petition is available through DocDraft.

Relevant Laws

S.C. Code 20-4-40 (petition; no filing fee)

Provides that a petition for relief may be made by household members in need of protection and must allege abuse to a household member, and states that the clerk of court may not charge a fee for filing a petition for an order for protection from domestic abuse.

S.C. Code 20-4-50 (hearing; 24-hour emergency hearing and 15-day hearing)

Provides that within twenty-four hours after service on the respondent the court may, for good cause shown, hold an emergency hearing and issue an order of protection, and that otherwise the court must grant a hearing within fifteen days of the filing of a petition.

S.C. Code 20-4-70 (duration of the order)

Provides that an order of protection issued under Section 20-4-60 must be for a fixed time not less than six months nor more than one year, unless the parties have reconciled, and may be extended or terminated by order of the court upon motion by either party showing good cause with notice.

S.C. Code 16-3-1750 (restraining order for harassment or stalking)

Gives the magistrates court jurisdiction over an action seeking a restraining order against a person engaged in harassment or stalking, requires the court to provide forms for unrepresented plaintiffs, and provides that such a restraining order remains in effect for a fixed period of not less than one year.

Regional Variances

South Carolina order of protection rules at a glance

Order name

Order of Protection, issued under the Protection from Domestic Abuse Act (S.C. Code 20-4-10 and following). A separate restraining order in magistrate court covers harassment or stalking by a non-household member (S.C. Code 16-3-1750).

Where to file

The Family Court, in the county where you live, where the abuse happened, or where the respondent lives (S.C. Code 20-4-30). The clerk may not charge a filing fee (S.C. Code 20-4-40).

Emergency and temporary orders

South Carolina does not issue an order without notice. For good cause, the court can hold an emergency hearing within twenty-four hours after the respondent is served; otherwise it must grant a hearing within fifteen days of filing (S.C. Code 20-4-50).

Final order duration

A final Order of Protection lasts a fixed time of not less than six months and not more than one year, and either party can move to extend or terminate it for good cause (S.C. Code 20-4-70).

Main form

The verified Petition for Order of Protection, provided as a simplified form for people who file without a lawyer (S.C. Code 20-4-40). Forms are available through the Family Court clerk and the South Carolina Judicial Department.

Suggested Compliance Checklist

Complete the verified Petition for Order of Protection

As soon as possible after the abuse days after starting

Fill out the verified Petition for Order of Protection, describing the abuse, your relationship as household members, and specific dates (S.C. Code 20-4-40). Use the simplified forms South Carolina provides for people without a lawyer. Attorney review of your petition is available through DocDraft.

File your petition with the Family Court

Same day you finish the petition days after starting

File the verified petition with the Family Court clerk in the county where you live, where the abuse happened, or where the respondent lives (S.C. Code 20-4-30). The clerk may not charge a filing fee for an Order of Protection (S.C. Code 20-4-40).

Ask for an emergency hearing if you are in danger

At filing, if in immediate danger days after starting

If you face immediate and present danger of bodily injury, request an emergency hearing. For good cause, the court may hold it within twenty-four hours after the respondent is served and issue an order if you prove abuse by a preponderance of the evidence (S.C. Code 20-4-50).

Make sure the respondent is served

At least 5 days before the hearing days after starting

The respondent must be served with your petition. If there is no emergency hearing, the court must grant a hearing within fifteen days of filing, and the respondent must be served at least five days before that hearing (S.C. Code 20-4-50).

Attend the Family Court hearing with your evidence

On your hearing date days after starting

Go to the hearing and bring photos, messages, medical records, and witnesses. Both you and the respondent can testify. The judge decides whether to issue an Order of Protection and what terms to include (S.C. Code 20-4-60). If you miss the hearing, you may have to refile.

Track the expiration and extend if needed

Before the order expires (6 months to 1 year) days after starting

A final Order of Protection lasts six months to one year (S.C. Code 20-4-70). Calendar the expiration date and file a motion to extend it for good cause, with notice to the other side, before it ends. Reconciliation can end the order early.

Frequently Asked Questions

No. The clerk of court may not charge a fee for filing a petition for an Order of Protection from domestic abuse in South Carolina (S.C. Code 20-4-40). This no-fee rule applies to the Family Court petition itself, so cost should not stop you from seeking protection.

In South Carolina, a household member in need of protection can file, or an adult can file on behalf of a minor household member (S.C. Code 20-4-40). Household members include spouses, former spouses, people who share a child, and people who live together or once lived together as spouses (S.C. Code 20-4-20).

If you show good cause, the court may hold an emergency hearing within twenty-four hours after the respondent is served and issue an order if you prove abuse by a preponderance of the evidence (S.C. Code 20-4-50). A prima facie showing of immediate and present danger of bodily injury is good cause.

At the Family Court hearing in South Carolina, both you and the respondent can appear, present evidence, and testify. The judge decides whether to grant an Order of Protection and what terms to include, such as barring contact and ordering the respondent to stay away from your home, work, or school (S.C. Code 20-4-60).

Yes. A final Order of Protection in South Carolina runs for a fixed time of six months to one year, and either party may move to extend or terminate it for good cause, with notice to the other side (S.C. Code 20-4-70). File your motion to extend before the order expires.

Violating an Order of Protection is a crime in South Carolina. Call the police, who can arrest the person, and the court can also hold the violator in contempt. Keep a copy of your order with you, report every violation, and note that law enforcement can enforce the order statewide.

For harassment or stalking by someone who is not a household member, South Carolina offers a separate restraining order in magistrate court under the harassment and stalking law (S.C. Code 16-3-1750). That path covers neighbors, acquaintances, and strangers, rather than the Family Court Order of Protection used for household abuse.

No. South Carolina courts provide simplified forms so a household member can request an Order of Protection without a lawyer (S.C. Code 20-4-40). Many people file on their own, and there is no filing fee. Legal help can be useful if the case is contested or the respondent has an attorney.

Other South Carolina guides

Asset Protection Planning in South Carolina (2026)

Dealing With Debt Collectors in South Carolina (2026)

Expunging a Criminal Record in South Carolina (2026)

Filing a Workplace Harassment Complaint in South Carolina

Filing Chapter 7 Bankruptcy in South Carolina (2026)

Firing an Employee in South Carolina (2026)

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