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How do I get a restraining order in South Carolina?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

South Carolina splits protection between family court and magistrate court.

1. Types of Protective Orders

  • Order of Protection from Domestic Abuse (OPDA) — S.C. Code Ann. §§ 20-4-10 to -160.
  • Restraining Order Against Harassment or Stalking — § 16-3-1750 (magistrate court; non-family).
  • Permanent Restraining Order at criminal sentencing — § 16-3-1820.
  • No standalone workplace violence statute — pursued via § 16-3-1750.
  • No statewide red-flag law.

    • 2. Eligibility

    OPDA requires "household member" relationship (§ 20-4-20(b)): spouse/former spouse, persons with a child in common, male and female who are cohabiting or formerly cohabited. South Carolina does not cover same-sex dating partners or non-cohabiting dating relationships in OPDA. Those situations use § 16-3-1750.

    3. Filing

    OPDA filed in Family Court of the county of residence; § 16-3-1750 in magistrate court. No filing fee for OPDA (§ 20-4-90); minimal fee for magistrate restraining orders.

    4. Emergency / Ex Parte (Emergency Hearing Order)

    Same-day or within 24-hour review. Standard: petition states a "good faith" allegation of abuse and threat of immediate harm (§ 20-4-50). Emergency order lasts until full hearing, set within 15 days.

    5. Full Hearing

    Preponderance standard (§ 20-4-60). Respondent personally served. Both parties present testimony, exhibits, witnesses; cross-examination allowed.

    6. Permanent Order Duration

    Initial OPDA effective for 6 months to 1 year (§ 20-4-70(b)); may be extended on motion. Permanent restraining order at criminal sentencing has no expiration (§ 16-3-1820).

    7. Enforcement

    Violation of OPDA is misdemeanor under § 20-4-60(F): up to 30 days jail and $500 fine. Violation of magistrate restraining order under § 16-3-1760: misdemeanor up to 1 year jail and $5,000 fine; felony for repeat. Arrest mandatory on probable cause (§ 16-25-70). Federal firearm prohibition under 18 U.S.C. § 922(g)(8); S.C. § 16-25-30 firearm restriction with DV conviction.

    8. Modification / Termination

    Either party may motion under § 20-4-70(c); court evaluates safety and changed circumstances.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Respondent has retained counsel for the 15-day hearing
    • Custody, child support, or possession of the residence is being decided
    • Concealed weapons permit or firearms employment is implicated
    Related Statutes & Laws
    • S.C. Code Ann. § 20-4-10 et seq.
    • S.C. Code Ann. § 16-3-1750
    • S.C. Code Ann. § 16-25-70
    • 18 U.S.C. § 922(g)(8)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.