If someone has ignored the protective order meant to keep you safe, you’re probably scared, angry, and unsure what to do next. Those feelings are justified. You don’t have to handle this alone.
The short answer: Violating an order of protection in South Carolina is a crime. State law requires every order to warn that a violation is a criminal offense punishable by up to 30 days in jail or a fine, and a violation can also be punished as contempt of court, which carries up to one year in jail and a larger fine. More serious conduct, like being armed with a dangerous weapon, can bring felony charges.
Here’s how South Carolina handles a violation of a protective order, and what you can do to protect yourself and hold the other person accountable.
What this guide covers:
– What counts as violating an order of protection
– The criminal penalties for a violation in South Carolina
– When the family court can hold a violator in contempt
– What to do if your protective order is violated
– Answers to common questions
What Counts as Violating an Order of Protection?
A violation happens whenever the restrained person does something the order forbids. South Carolina protective orders usually prohibit abusing or threatening the protected person, communicating with them, and coming to their home, workplace, or school.
Common violations include:
– Calling, texting, emailing, or messaging you on social media.
– Showing up at your home, your job, or your children’s school.
– Sending messages through a friend, relative, or other third party.
– Possessing or carrying a firearm when the order prohibits it.
It doesn’t matter if the contact comes across as friendly or whether you answered back. If the order says no contact, any contact can be a violation.
What Are the Criminal Penalties for Violating an Order of Protection in SC?
Violating an order of protection is a criminal offense in South Carolina. Every order must carry a warning, required by S.C. Code Ann. § 20-4-60, that a violation is “a criminal offense punishable by thirty days in jail or a fine of two hundred dollars” or may be treated as contempt of court.
Penalties can become more severe depending on what the person actually does. Under S.C. Code Ann. § 16-25-125, it’s unlawful for someone subject to an order of protection to enter or remain on the grounds of a domestic violence shelter where the protected person is staying, and that’s a misdemeanor. It can be charged as a felony if the person is in possession of a dangerous weapon at the time of the violation. If the violation involves new criminal conduct, such as assault, stalking, or harassment, the person can face separate charges for that behavior too.
Your safety comes first. If your order has been violated, contact us now at 864-778-2734.
Can the Family Court Hold a Violator in Contempt?
Yes. The same family court that issued your order of protection can hold the other person in contempt for disobeying it. A violation can be punished as contempt of court with up to one year in jail and a fine of up to $1,500, a stronger consequence than the base criminal penalty.
Contempt and criminal charges aren’t mutually exclusive. Law enforcement can arrest and charge the person while your attorney asks the family court to enforce its own order. Pursuing both sends a clear message that the order will be taken seriously.
What Should You Do If Someone Violates Your Protective Order?
Call law enforcement right away if you feel unsafe or the order has been broken. Then take these steps to protect yourself and your case:
– Document everything. Save texts, emails, voicemails, screenshots, and photos, and write down dates, times, and what happened.
– Report every violation. Each police report creates a record, even if the contact seems minor.
– Keep a copy of your order with you so officers can act quickly.
– Call your attorney. A family law attorney can take the violation back to family court and seek enforcement.
You shouldn’t have to decide what’s “serious enough” to report. When in doubt, write it down and call Turner Family Law at 864-778-2734.
Frequently Asked Questions About Violating an Order of Protection
How much jail time can you receive for violating an order of protection?
A violation can result in up to 30 days in jail or a fine, as required by the warning on every South Carolina order of protection. If treated as contempt of court, it can mean up to 1 year in jail and a fine of up to $1,500. More serious conduct can lead to felony charges and longer sentences.
What happens if you violate a restraining order by accident?
Intent can matter, but “I didn’t mean to” is rarely a complete defense, because courts focus on what actually happened. If you’re subject to an order and worried you may have crossed a line, talk to an attorney before things get worse.
Is there a fee to file for an order of protection in South Carolina?
No. There is no filing fee for an order of protection in South Carolina. Enforcing a violation can involve both law enforcement and the family court, and an attorney can guide you through each step.
Protect What Matters Most
A protective order is only as strong as the enforcement behind it. If someone has violated yours, you deserve to feel safe and to have an advocate who treats it seriously. With offices in Greenville and Rock Hill, our team at Turner Family Law practices exclusively family law and serves families throughout Upstate South Carolina.
Protect what matters most. Contact us at 864-778-2734 to schedule a consultation.
