Available 24/7
The Charleston protective order attorneys at Shealey Law Firm represent clients in protective order matters. If you need legal representation to get a protective order, or you need help responding to a case against you, our attorneys can represent you. Contact us now for immediate legal help.
Who we represent
Our attorneys for protective orders in Charleston represent:
- Victims needing a protective order
- People responding to a petition against them
- Victims and respondents in enforcement matters
Whether you need a proactive order or representation in fighting a petition against you, our experienced family law attorneys can represent you in the Charleston area.
Legal Help for a Protective Order
We are full-service lawyers for protective order matters in Charleston, SC and can assist you with:
- Determining if you qualify for a protective order
- Explaining what an order accomplishes
- Preparing your documents
- Representing you in court appearances
- Understanding how a protective order may impact family law proceedings
- Representing you if a protective order is sought against you
- Seeking a protective order on behalf of a child
- Defending you if you’re accused of violating a protective order
- Pursuing enforcement of an existing order
- Defending your right to possess a firearm
- Filing for dismissal of the order
A protective order is a serious and sensitive matter. You need qualified legal representation. Call or message us now to talk to an attorney who will aggressively represent your interests.
Who can you receive a protective order against?
You may seek a protective order against a:
- Spouse
- Former spouse
- Someone you have a child with
- Cohabitating male or female
- Male or female who you previously lived with
The parties to a protective order must have one of these relationships. If one of these relationships is not present, a victim of stalking or harassment may seek a restraining order.
What qualifies for a protective order in SC?
A protective order in South Carolina must allege abuse that may include
- Assault
- Physical harm
- Physical injury
- Threat of physical harm
- Sexual criminal offenses
Protective Order vs. Restraining Order
In South Carolina, protective orders and restraining orders differ. Protective orders are for a family member who has committed some form of abuse as outlined above. Restraining orders are for harassment and stalking and are not limited to family members.
Shealey Law Firm represents clients in both protective and restraining order matters.
What is a protective order?
A protective order is a court order that tells someone that they cannot contact another person or go to their home or work. The order protects a victim from assault, physical injury, or harassment.
How do you qualify for a protective order in South Carolina?
To qualify for a protective order in South Carolina, you must have one of the family relationships recognized by law. Your petition must identify abuse including physical harm, sexual criminal offense against a family member, or threats of harm.
What is the law for protective orders in South Carolina?
S.C. Code § 20-4-10 et. seq. is the Protection from Domestic Abuse Act. The law authorizes courts to issue and enforce protective orders.
S.C. Code 16-3-1750 et. seq. is the South Carolina law for restraining orders.
How much does a restraining order cost in SC?
There are no court filing fees or other costs for a restraining order in South Carolina.
What can a protective order stop someone from doing?
A protective order may order someone not to do any of the following against the petitioner:
- Abuse
- Threaten to abuse
- Molest
- Communicate with
- Enter the place of employment or school
- Enter the home or any other location
Order of Protection vs. No Contact Order
A no-contact order is issued as part of a criminal bond or criminal probation and is not the same thing as an order of protection. If you’re a victim, you may seek an order of protection even if a criminal court has already issued a no-contact order. This may be an important step, as an order of protection may continue even if criminal charges are dismissed or the no-contact order is lifted.
Order of Protection with Divorce
If a petition for protective order is filed with a divorce or separate maintenance petition, the matter must be filed as a motion for further relief. It must be served on the counsel of record, if there is one.
Where do you file for a protective order in Charleston, SC?
In Charleston, SC, you file for a protective order in the location where the:
- Abuse occurred
- Petitioner resides
- Petitioner is sheltered
- Respondent resides, if it is in SC or
- Where the parties last cohabitated
Depending on where the matter is originally filed, a supplemental petition to change venue may be required.
Attorneys for Protective Orders in Charleston, SC
A protective order is a serious matter. For the victim, it may be a critical part of safety planning and peace of mind. For the respondent, it may mean limitation of freedom of movement, potential allegations of violations with potential jail time, and loss of the right to possess a firearm.
For help from a Charleston protective order attorney, contact Shealey Law Firm.