An order of protection is a court order that makes it illegal for someone to contact another person or be around them for a certain amount of time. For example, if your ex is harassing or abusing you, you can get an order of protection to protect you against further harm. To get a South Carolina order of protection, you need to file documents and go to court to ask for one.
Turner Family Law understands the struggles that victims of abuse and harassment go through.
When you’re in this situation, you may feel powerless, scared, and confused about where to turn next. Michael Turner is a dedicated family lawyer who isn’t afraid to have hard conversations with the judge, opposing attorneys, or abusers directly to help protect his clients. If you’re being abused or harassed by your ex-spouse, we can help.
What Is an Order of Protection?
An order of protection is a court order. It prevents someone—e.g., an abuser—from contacting or being around another person—e.g., the victim—for a specific amount of time. A South Carolina court may issue an order of protection if someone is being abused by a person they are related to. For example, you may be able to get an order of protection against a previous live-in partner who’s stalking you.
If the abuser doesn’t honor the order of protection, they may face civil and criminal penalties.
For example, they may get arrested and have to go to jail.
Legal Grounds for Obtaining an Order of Protection
South Carolina law has specific criteria for when someone can get an order of protection. These criteria include the type of abuse and who the order of protection can be about.
If you are in danger and need legal help, contact law enforcement to protect you from immediate harm. Getting in touch with a compassionate family law attorney may also be in your best interest. Our team has been practicing law for decades, and we are fierce and empathetic advocates for victims of abuse.
Who can file for an order of protection?
Under South Carolina law, potentially anyone who is being abused by what’s called a household member may petition for an order of protection. A petition is a legal term for asking the court to do something. In this case, you’re asking the court to give you an order of protection.
A household member includes a current or former spouse, someone you have a child with, and someone of the opposite sex whom you currently or used to live with. An adult can ask for an order of protection on behalf of a minor child who is being abused.
Types of abuse covered by the order of protection laws
To get an order of protection, you need to show that you’re being abused or that someone is threatening you with abuse. This might include behavior that causes you or threatens you with physical harm. Likewise, sexual criminal activity also falls under the umbrella of abuse for the purposes of an order of protection.
As part of the application process, the judge will ask you for specific details about the abusive behavior. For example, they’ll want to know where it occurred, when, what happened, and who was there.
You may not have to prove a crime occurred, nor does there always need to be a criminal case pending against your abuser. You need to give the judge enough information to explain what happened and why the protection order is necessary.
The Legal Process for Obtaining an Order of Protection
The first step in how to get an order of protection involves filing a petition. In this court document, you’ll need to give background information about you, the person who’s abusing you, and why the protection order is necessary. You shouldn’t have to pay court fees to file an order of protection.
After you file the petition, the court will hold a hearing. If you are in immediate danger, the court may hold this hearing within 24 hours after you file the documents. Otherwise, the hearing may occur within 15 days after you filed the petition.
At the end of the hearing, the judge will decide if granting an order of protection is appropriate. If they decide it is, they may issue the order at that time.
Enforcing an Order of Protection
If someone violates an order of protection, you can call the police. Additionally, you can notify the court about the violations. The person who didn’t follow the order may face civil and criminal penalties, including jail time and fines.
Importance of Legal Representation by a Family Law Attorney
For many, taking steps to seek help and acknowledge abusive behavior can feel overwhelming and scary. An attorney can help by taking over the legal matters so you can focus on feeling safe and protected. The lawyer can also shield you from direct communications with your abuser about the order of protection or other process. If your abuser breaks the terms of the order, your legal team can step in and take the necessary action to hold them accountable.
Contact a Family Law Attorney in South Carolina
If you are being abused, getting a South Carolina order of protection can help keep you safe from further abuse. Having this piece of paper can be an empowering step toward reclaiming your agency in the midst of abusive practices.
The esteemed J. Michael Turner, Jr. is here to fight for you as you set boundaries and protect yourself and your family from harm. Backed by the team at Turner Family Law, he has the resources and skills to help you through this difficult time. Contact us today by calling 864-778-2734 to schedule a no-obligation consultation.
FAQs About Orders of Protection
Can you get an order of protection if there’s no criminal case?
Yes. You may be able to get an order of protection against someone even if there isn’t a criminal case or conviction. What matters is that what they’re doing to you meets the legal definition of abuse.
How long does an order of protection last?
An order of protection can be temporary or final. Temporary orders last a shorter amount of time and are there to protect you before a final order is entered. A final order of protection lasts longer—between six months to one year—and can be extended as needed.
Is a restraining order and an order of protection the same thing?
An order of protection protects you from abuse perpetrated by a household member (e.g., a current or ex-spouse). A restraining order protects you from someone who is abusing, stalking, or harassing you, regardless of your relationship with them.
