How to Get a Restraining Order in South Carolina

A South Carolina restraining order is a civil court order issued to protect a person from harassment, stalking, threats or acts of violence, sexual assault, and domestic abuse. In South Carolina, restraining orders are also known as civil protection orders. The goal of these orders, when issued, is to provide legal protection and peace of mind to victims or those at risk.

The laws providing for the issuance and enforcement of civil protection orders in the state include S.C. Code § 16-3-1700 to § 16-3-1790 (restraining order against harassment/stalking), S.C. Code § 16-3-1910 (permanent restraining order), Rule 65, SC Rules of Civil Procedure (emergency or temporary restraining order), and S.C. Code § 20-4-10 et seq (orders of protection against domestic abuse).

Restraining orders are part of South Carolina's civil court records and are publicly accessible unless sealed or deemed confidential.

Types of Restraining Orders in South Carolina

South Carolina law recognizes four types of restraining (or civil protection) orders:

• Order of Protection (OOP): Issued under S.C. Code § 20-4-20 to protect individuals from domestic abuse by a household member (e.g., spouse, ex, co-parent, or cohabitant).
• Restraining Order Against Stalking or Harassment: Issued under S.C. Code § 16-3-1750 by a magistrate's court to protect individuals experiencing stalking or harassment.
• Emergency or Temporary Orders: Issued when there's an urgent threat of harm or harassment to provide immediate protection before a full court hearing (e.g., temporary order of protection and temporary ex-parte restraining orders).
• Final or Permanent Orders: Only issued after a full court hearing to provide long-term protection for the victim (e.g., final orders of protection and temporary restraining orders).

Violating a restraining order under S.C. Code § 16-3-1910(L) is an offense punishable by up to five years in prison for permanent orders and fines up to $500 and/or 30 days in jail for first-time or less severe violations. Repeat or more serious violations may result in imprisonment for one year and a $1,500 fine. Similarly, violations under S.C. Code § 20-4-60(B) may result in 30 days in jail, a $200 fine, or treated as contempt of court—punishable by up to one year in jail and/or a $1,500 fine.

Are Restraining Orders Public Record In South Carolina?

Yes. In South Carolina, restraining orders (also known as civil protection orders) are generally public records. Like most court documents, they are part of public court records and can be accessed or viewed by anyone (e.g., employers, landlords, and the general public).

However, certain restraining orders or portions thereof may be restricted from public view, especially if disclosing them would put a victim's safety at risk or expose confidential, private information (e.g., addresses or contact information).

How To Lookup Restraining Orders In South Carolina

To look up restraining orders in South Carolina, individuals can:

• Visit the magistrate or family court where the order was filed. In-person access to case files is available through the clerk's office. Magistrate courts handle restraining orders, while family courts handle orders of protection
• Search the public case records portal for the county where the order was filed. Each of the 46 counties in the state has dedicated access through the South Carolina Courts website, where individuals can search for restraining order case details from the local magistrate court. Examples include portals for Richland, Union, Lee, and Marion Counties
• Use the South Carolina Department of Social Services (DSS) FCCMS Public Access Index to search for family court cases, including orders of protection in domestic abuse matters, handled by any family court across the state

Note: To look up a restraining order in person or online, the inquirer will need the court case number and/or the name of at least one party involved.

Can You Lookup A Restraining Order Online?

Yes. Individuals can lookup restraining orders (or civil protection orders) online in South Carolina; however, access may vary based on the order type, whether it was filed electronically, and whether any part is confidential.

To access restraining order case records in South Carolina, visit the judicial branch's trial court records website. From there, follow the "View Case Records" link under any of the state's 46 counties to search for harassment or stalking-related restraining orders. For domestic abuse cases (OOPs), use the DSS FCCMS Public Access Index, searchable by case number or party name. Online access to order records isn't limited to involved parties; anyone with sufficient details (e.g., petitioner or respondent name or case number) can search.

In addition to official portals, individuals may turn to third-party aggregate sites to search South Carolina restraining orders online. However, these sites may charge fees, and the availability and completeness of their information may vary.

How to File a Restraining Order in South Carolina

To file a restraining order in South Carolina, begin by obtaining and completing the correct forms for the specific protection needed. For harassment or stalking, use the Complaint and Motion for Restraining Order, and if immediate protection is necessary, add the Motion and Affidavit for Emergency Hearing (Temporary Restraining Order). For victims or witnesses in criminal cases seeking permanent restraining orders, complete the Complaint for Permanent Restraining Order. For an order of protection from domestic abuse, submit a Petition for Order of Protection and, if urgent, include the Motion and Affidavit for Emergency Hearing.

After completing the necessary forms, file them with the appropriate court—magistrate courts for harassment and stalking and family courts for domestic abuse. A hearing is usually scheduled within 15 days. If there's an immediate threat, a temporary restraining order can be requested the same day for short-term protection until the hearing.

After filing, the respondent must be formally notified through an Affidavit of Service, also known as "Service of Process" (e.g., Form SCCA748). This may be completed by the sheriff's office, a deputy, or any other person over 18 not involved in the case. Once served, the affidavit is filed with the court as proof of delivery. At the hearing, both parties may present evidence and testimony before the judge decides whether to issue a final restraining order.

Can You File A Restraining Order For No Reason In South Carolina?

No. Under S.C. Code § 16-3-1750, a harassment or stalking restraining order requires "reasonable proof" of the respondent's conduct. Similarly, under § 20-4-60, to be issued an order of protection, the petitioner must present evidence of abuse or threat by a household member. Petitions lacking sufficient proof are denied.

What Proof Do You Need For A Restraining Order In South Carolina?

To get a restraining order under the law, the petitioner must present evidence that proves harassment, threats, or physical injury and that protection is necessary to prevent further injury or harm.

Proof Needed for a Temporary Restraining Order

To issue emergency protection under S.C. Code § 20-4-50(a), the court must find clear evidence of immediate and present danger of bodily harm, supported by affidavits.

Proof Needed for a Permanent Restraining Order

A permanent restraining order requires a full court hearing during which both parties may present evidence and testimony. The petitioner must show that abuse, threats, or harassment occurred and that continued protection is necessary. The court uses a "preponderance of the evidence" standard (which means the claims are more likely true than not).

The types of supporting evidence commonly used include:

• Police reports or 911 call records
• Threatening messages (texts, emails, social media posts, voicemails)
• Photos of injuries or property damage
• Witness testimony
• Medical records (if applicable)

How Long Does It Take To Get A Restraining Order In South Carolina?

If there's an immediate threat, a temporary restraining order may be issued the same day (for harassment/stalking) or after an emergency hearing within 24 hours (for a temporary order of protection). Otherwise, a court hearing, typically within 15 days, determines if a final order will be granted.

How Long Does A Restraining Order Last In South Carolina?

In South Carolina, the length of a restraining order depends on the type issued:

• Temporary restraining (or protection) orders last about 15 days until the full court hearing.

• Final restraining orders in harassment/stalking cases last for at least 1 year, while final orders of protection (domestic abuse cases) last for between 6 months and 1 year (S.C. Code § 20-4-70(a)).

  If the order is about to expire, the protected party can ask the court to extend it; however, if the order has already expired, the protected party can seek a new order by filing a new petition or motion with the court, provided there is evidence of continued abuse or a reasonable fear of harm.

Note: While final restraining orders typically last for 1 year in harassment/stalking cases, judges decide the exact length of the order on a case-by-case basis (S.C. Code § 16-3-1750(E)).

How Much Does A Restraining Order Cost in South Carolina?

There are no upfront fees for filing restraining orders in South Carolina, aside from possible charges for certified copies:

• Restraining order against harassment/stalking: No filing fee is charged. The losing party may be ordered to pay costs (S.C. Code § 16-3-1750(D)).
• Order of protection: Filing a petition for an order of protection is free (S.C. Code § 20-4-65).
• Permanent restraining orders in criminal cases: Victims or witnesses are also exempt from fees (S.C. Code § 16-3-1910(F)).

Can You Cancel A Restraining Order In South Carolina?

Yes. In South Carolina, a restraining order can be terminated. Under S.C. Code § 20-4-70(A), a victim may file a "Motion and Order for Dismissal" in person, with valid ID, to cancel an order due to reconciliation. Courts usually cancel the order, in this instance, without a hearing.

Similarly, either party may file a formal motion to terminate a restraining order against harassment/stalking. The court may hold a hearing to assess safety and the current relationship before making a decision. Per S.C. Code § 16-3-1750(E) and § 16-3-1780(D), the order cannot be lifted without the victim's prior consent.