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Moncks Corner Legal Issues Blog

What is a restraining order?

If you have been physically abused or assaulted by another person in South Carolina, then you have the right to protect yourself legally. One option is to get a restraining order against the person. Under the law, the South Carolina Judicial Department explains that you can get a restraining order, referred to as an order of protection by the court, if you have been injured physically by another person or you have received threats of physical injury from another person.

You can get an order from either the magistrate’s court or the family court. For protection in family court, the person you are filing the order on should be your spouse, former spouse, someone you lived with or the parent of your child.

When you file for an order, you can get protection for up to a year. It bans the person from contacting you in any way whether in person or otherwise. It may also speak to custody and visitation for any children you share with the person. In addition, it can include terms about paying child or spousal support, along with distributing possession of your home. You can also make other requests as part of your filing that may or may not be granted, such as possession of other property.

It is important to keep in mind that this order is a legal document. It does not grant you physical protection from the court. It simply grants you legal protection. For example, it cannot guarantee the person will not contact you, but if the person does, then you have the legal standing to get that person charged with a crime for violating the order. This information is for education and is not legal advice.