Order of Protection Versus Restraining Order

Order of Protection versus Restraining Order

Order of Protection 20-4-40

·  An Order of Protection is issued to protect the victim and/or children in the home from abuse of another household member where the abuser has received notice of the proceedings and has had an opportunity to be heard.

·  An Order of Protection is granted by a family court judge, and in certain instances, can be granted by a magistrate.

·  Any household member can petition family court for an Order of Protection. An adult must file on behalf of a minor for an Order of Protection.

·  An Order of Protection is valid for one year but can be extended by the court.

·  There is no fee to obtain an Order of Protection.

·  If there is immediate and present danger, a hearing to obtain an Order of Protection can be held in 24 hours and must be held within 15 days.

·  Violating an Order of Protection carries a penalty of 30 days in jail or a $500 fine. A violation hearing can be held either in family court or magistrate court.

·  If an individual is found in contempt by a family court judge, they can be sentenced up to one year in jail or a $1500 fine.

·  An Order of Protection from any other state is enforceable in South Carolina.

Restraining Order 16-3-1750

·  A Restraining Order often is issued in harassment and stalking cases. It is designed to protect the victim from abuse and threats of abuse

·  A Restraining Order is granted by a magistrate.

·  A person seeking a Restraining Order can file either where the defendant lives or where the crime occurred. If the subject is not a resident or cannot be found, the petitioner files where they live.

·  A petition for a Restraining Order can be filed by any person.

·  A petition for a Restraining Order must allege harassment or stalking. There must be an intentional, substantial and unreasonable intrusion into the life of the victim.

·  A Restraining Order is enforceable in all 50 states.

·  If there is an immediate and present danger, a magistrate can hold a hearing to issue a temporary restraining order within 24 hours and must be held within 15 days.

·  Violating a Restraining Order carries a penalty of 30 days in jail or a $500 fine.

·  A Temporary Restraining Order is in effect until the defendant receives service and a hearing is held by a magistrate.

·  Law enforcement can make an arrest for violating a restraining order with a warrant provided the defendant was served with a restraining order.

·  There is no fee to obtain a Restraining Order.