Available 24/7
A restraining order can allow you to go about your business and give you peace of mind. It can be an important part of your safety planning, as you have the right to be free from abuse and harassment.
To make your petition successful, it is important to know the proof needed for a restraining order. Shealey Law explains.
What Proof Is Needed to Get a Restraining Order in South Carolina?
Proof to get a restraining order in South Carolina may include your personal testimony, which must allege specific instances that make the situation qualify for the type of order being sought. Examples include abusive or threatening behavior.
Can you get a restraining order in South Carolina based solely on your own testimony?
A person’s sworn testimony alone can be enough proof for a restraining order, however, it must be testimony that alleges abusive or threatening behavior. Simply saying that a person makes you uncomfortable is insufficient. In addition to personal testimony, evidence may include other witnesses, electronic communications, photos and video, medical records, and police reports.
Terms to Know
The person seeking the restraining order is the victim or Petitioner. The person they seek a restraining order against is the Respondent.
Overview of Different Restraining Orders in South Carolina
There are four types of restraining orders in South Carolina.
Order of Protection
For family members and relationships
- Petitioner must have a qualifying relationship with the respondent, including:
- Spouse
- Former spouse
- Child in common
- Cohabitation (all genders)
- Qualifying behavior includes:
- Assault
- Battery
- Bodily injury
- Threat of bodily injury
- Sexual battery or sexual assault by force or coercion
- Duration of the restraining order is 6 months-1 year
- Conditions may include no abuse or threats, not entering a residence, school or other workplace
- May include a pet
- May include temporary possession of a shared residence, even if the Respondent owns or leases it
- Can temporarily award child custody and visitation, financial support, temporary possession of personal property and pets
- Can prohibit possession of firearms
To ask for an Order of Protection, file in family court. The appropriate court is where:
- The abuse happened
- The Respondent lives
- The parties last lived together
- The survivor lives or is sheltered (case will be transferred to a county meeting another criteria)
The Respondent must be served, and there must be a hearing within 15 days. If the Respondent is served within 5 days of the hearing, they may ask for a continuance. Some judges will issue a temporary order following a continuance; others never do. Emergency relief may be requested, alleging immediate and present danger of bodily injury.
Restraining Order
For stalking and harassment
- Qualifying behavior includes:
- Harassment in the first degree – Following, watching, damaging property, contacting despite being told not to
- Harassment in the second degree – Repeated contact causing emotional or mental distress
- Stalking – Words or actions serving no legitimate purpose, intending to cause fear and causing fear of serious harm to them or a family member
- The behavior must have occurred at least twice
- Duration of the restraining order is 1 year
- Conditions may include no communication, abusive behavior, or entering the person’s home, school, workplace, or other locations
- A family relationship is not required; it is also not disqualifying.
A petition is filed in the Magistrate Court where the Respondent lives or the behavior occurred. A hearing is held within 15 days, but emergency relief may be requested. A Temporary Restraining Order may be filed ex parte, without notifying the Respondent, for good cause and until the case can be heard.
Permanent Restraining Order
For crime victims
- Petitioners are crime victims and witnesses
- There are certain qualifying crimes like harassment, stalking, domestic violence, and sex offenses
- Showing physical injury is not required
- The Respondent must have been convicted in South Carolina
- Available at sentencing or by petition
- May be permanent or for a specific duration
An order may prohibit the Respondent from possessing a firearm if there is a qualifying family relationship and credible threat. A hearing may be held virtually.
Emergency Restraining Order
Emergency relief for crime victims
Available if a survivor would be eligible for a Permanent Restraining Order but does not have one or it is expiring.
- The same qualifying conditions for crime apply as for a Permanent Restraining Order.
- An Emergency Restraining Order stays in place until a hearing may be held for a Permanent Restraining Order.
- An Emergency Restraining Order expires after 45 days if there is no subsequent complaint for a permanent order.
The hearing may be held virtually. An ex parte emergency order is available upon a showing of likelihood of immediate injury, loss, or damage.
Get Legal Help
At Shealey Law Firm, we take restraining order cases. You can have help seeking a restraining order whether it is based on a family relationship, stalking/harassment, or crime. We also help people defend against restraining orders, including the original order petition and enforcement actions. We’ll evaluate what proof you need and how to aggressively present your case.
If you need legal help, please contact us.