Reviewed August 2026
Protective Orders in South Carolina
If you are in immediate danger, call 911. The National Domestic Violence Hotline number is 1-800-799-7233. South Carolina's civil remedy for domestic abuse is the Order of Protection, under S.C. Code Chapter 20-4. It covers household members. The statute defines these as spouses, former spouses, people who share a child, and cohabiting partners. A 2017 state supreme court decision found part of that definition unconstitutional as applied. Ask the family court clerk how this is currently interpreted if it affects your situation. You file a petition in Family Court, and the clerk cannot charge a filing fee. South Carolina's process differs from many states in one key way: the respondent generally must be served with the petition before any hearing, even an emergency one. The court does not issue a same-day order without notice. This page covers eligibility, the hearing timeline, duration, and how the order fits with a divorce case.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how protective orders works under South Carolina law for people researching before they file. It is not legal advice, and Virdix does not prepare or file South Carolina paperwork. See how Virdix works for California divorces.
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Who qualifies
Under S.C. Code Section 20-4-20, abuse means physical harm, bodily injury, assault, the threat of physical harm, or certain sexual offenses committed by one household member against another. A household member is a spouse, a former spouse, someone you share a child with, or someone you are or were cohabiting with. Part of this definition's original wording was found unconstitutional as applied to certain relationships. The South Carolina Supreme Court ruled on this in 2017. Confirm with the family court clerk how eligibility currently applies to your relationship.
Filing: free, in Family Court
Under S.C. Code Section 20-4-40, any household member who needs protection can petition. So can someone filing on behalf of a minor household member. The clerk of court must provide simplified forms for people without a lawyer. Under Sections 20-4-40(f) and 20-4-65, the clerk may not charge a filing fee. If a divorce or separate support and maintenance case is already pending, you file the protection order request as a motion within that case. If no case is pending, it becomes its own independent action.
The hearing: 24 hours after service, or within 15 days
South Carolina's process centers on service, not a true ex parte order. Under S.C. Code Section 20-4-50, the court can hold an emergency hearing within 24 hours after the respondent is served. This happens for good cause, and the court can issue an order if the petitioner proves abuse by a preponderance of the evidence. A prima facie showing of immediate danger of bodily injury counts as good cause. If the court denies a 24-hour hearing, or no one requests one, the petitioner can ask for a hearing instead. The court must grant that hearing within 15 days of filing. The respondent must be served at least 5 days before it.
Duration
Under S.C. Code Section 20-4-70, an order of protection must last a fixed period: not less than six months and not more than one year. The exception is if the parties have reconciled. Violating the order is a criminal offense. Every order must clearly state this. Violation is punishable by up to 30 days in jail or a $200 fine. It can also be treated as contempt of court, punishable by up to a year in jail and a fine of up to $1,500.
Firearms and interaction with divorce
S.C. Code Chapter 20-4 does not describe a state-run firearm surrender or storage process, unlike some other states. This is true in the sections covering the order's contents. A separate criminal domestic violence conviction under S.C. Code Section 16-25-125 can independently affect firearm rights. Federal law may also separately restrict firearm possession under a qualifying order. On divorce, the statute is clear: a pending protective order motion is not dismissed just because the underlying divorce case is dismissed. Where no divorce case exists yet, the protection order proceeds as its own independent action.
Sources: S.C. Code Chapter 20-4, Protection From Domestic Abuse, full text, South Carolina Coalition Against Domestic Violence and Sexual Assault
Not independently confirmed
- Current, post-2017 court-clarified scope of the household member definition in S.C. Code Section 20-4-20(b); this page notes the constitutional challenge but could not verify the exact current statutory or judicial fix
- Whether South Carolina courts, in practice, ever issue a true same-day order without any prior service in genuine emergencies, since the statute's text centers the hearing timeline on service rather than describing a no-notice ex parte order
- South Carolina Coalition Against Domestic Violence and Sexual Assault's site listed only its own office number, not a statewide crisis hotline, so this page uses only the National Domestic Violence Hotline number
Protective Orders in South Carolina: frequently asked questions
How do I get an Order of Protection in South Carolina?+
File a petition in Family Court. There is no filing fee. The respondent generally must be served with the petition before a hearing. You can request an emergency hearing within 24 hours of service, or a standard hearing within 15 days of filing.
Who qualifies for an Order of Protection in South Carolina?+
You need to be a household member under S.C. Code Section 20-4-20: a spouse, former spouse, someone you share a child with, or someone you are or were cohabiting with. A court has questioned part of this definition in some situations, so ask the family court clerk about current eligibility if it affects you.
Does South Carolina issue same-day orders without notifying the other person first?+
Not in the way many states do. South Carolina's law centers on service. An emergency hearing can happen within 24 hours after the respondent is served. The court must hold a standard hearing within 15 days of filing. But service on the respondent generally comes before the hearing.
How long does a South Carolina Order of Protection last?+
Between six months and one year, a fixed period the court sets, unless the parties have reconciled.
Does it cost money to file for an Order of Protection in South Carolina?+
No. Under S.C. Code Sections 20-4-40(f) and 20-4-65, the clerk of court may not charge a filing fee.
Will a protective order case affect my South Carolina divorce?+
If a divorce or separate support case is already pending, you file the protection order request as a motion within that same case. If no divorce case exists, the protective order proceeds as its own independent action. It is not automatically dismissed if the underlying divorce case ends.
This page is general information about protective orders in South Carolina, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with South Carolina's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in South Carolina. Virdix does not prepare or file South Carolina divorce paperwork. It is not a substitute for an attorney licensed in South Carolina.
More South Carolina divorce guides
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In the states Virdix serves, it guides you through that state's own court forms so your paperwork is complete and consistent before you file. If you're filing in South Carolina, the resources above are the right place to start, and the form above will tell you the moment Virdix reaches your state.
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