 Click Here to Find a Lawyer or Attorney
You do not need a
lawyer or an attorney to file for an Order for Protection. However, you may wish to have a lawyer or an attorney, especially if your abuser has a lawyer or an attorney. If you can, contact a lawyer or an attorney to make sure that your legal rights are protected.
Order of
Protection- South Carolina
| Domestic Violence / Order of
Protection Information |
| Q:
What is criminal domestic violence? |
A:
Criminal domestic violence is defined in South Carolina as
"causing physical harm or injury to a person's own household
member, or offering or attempting to cause physical harm or
injury to a person's own household member with apparent present
ability under circumstances reasonably creating fear or imminent
peril." (Keep in mind that although some abuse may not fit the
definition for a crime in South Carolina, it is real and you
should seek appropriate help.) Additionally, there is the crime
of criminal domestic violence of a high and aggravated nature
which carries enhanced penalties for cases with more severe
injury.
Click here
to visit the South Carolina General
Assembly's homepage to read the complete text.
Q: Who is a "household member"? |
A: A
household member can mean a spouse, former spouse, parent,
child, person related by consanguinity or affinity within the
second degree, a person who had a child with you, or a person of
the opposite sex who lives with you or lived with you.
Q:
Who is the typical domestic violence
victim? |
A: There
is no typical victim. The majority of victims are women, but
they differ widely in backgrounds. Domestic violence affects
all kinds of victims regardless of things such as economic
status, race, religion, education, or age. Unfortunately, it is
happening in all kinds of families in South Carolina, and at an
alarming rate. In 1996 the South Carolina Department of Social
Services reported that 3,660 victims were sheltered, and
shelters handled 14,892 crisis calls. If you are a victim, YOU
ARE NOT ALONE!
Q:
What do I need to do to prepare to leave? |
A: You may
want to speak with someone at your local domestic violence
program to discuss the safety plan that is best for you, but
some of the things you can do to try to leave safely are:
Practice how to get out of your home safely if you are involved
in an explosive incident. Identify which doors, windows,
elevator, or stairwell would be best.
Identify one or more neighbors you can tell about the violence
and ask that they call the police if they hear a disturbance.
If possible, open a bank account and/or credit card in your own
name, and think of other ways to increase your financial
independence.
Leave money, an extra set of keys, copies of important
documents, extra medicine, and some clothes with someone you
trust in case you must leave quickly.
Identify people who might be able to let you stay with them, or
lend you some money. You should try not to stay with an
unrelated adult of the opposite sex because this could later
appear to be adultery if you go to Family Court.
Keep the shelter or hotline phone number close at hand and keep
some change or a calling card on you for emergency phone calls.
If it is possible to do so safely, take your children with you,
even if you are going to a shelter. This may affect your child
custody case.
Use your own instincts and judgment. Remember that nothing is
more important than keeping yourself and your children safe.
Q:
What kinds of things do I need to take
with me? |
A: The
following checklist, as well as the above safety tops are
provided by the South Carolina Coalition Against Domestic
Violence and Sexual Assault (SCCADVASA). For a free copy of
their informative pamphlet "Personal Safety Plan," please call
them at (803) 256-2900.
Identification documents such as your driver's license, your and
your children's birth certificates, social security cards, and
public assistance paperwork.
Financial documents such as bankbooks, checkbooks, copies of tax
returns, and proof of your spouse's income if applicable. You
should also bring any available money and/or credit cards.
Legal documents such as court orders, lease, deed, car
registration and insurance papers, medical record, school
records, work permits, green cards or visas, and passports.
Other practical items such as house and car keys, medication,
small items that can be sold if necessary, jewelry, address
book, phone card, photos and videos, some small children's toys,
toiletries and diapers, changes of clothes.
Q:
What can I do to be safer after I leave? |
A:
If you stay in your home, change the locks and consider
additional safety devices.
Discuss a safety plan with the children for when you are not
with them.
Inform you children's school or caregiver about who has
permission to pick up your children.
Inform neighbors and your landlord that your abuser no longer
lives with you and that they should call the police if they see
him on the premises.
Devise a safety plan for at work which includes who you will
tell about your situation, and who will provide for your
physical safety on the job. When you leave work, have someone
escort you to your transportation and try to use a variety of
routes to go home.
Get an Order of Protection from Domestic Abuse.
Q:
What is an Order of Protection? |
A: Under
South Carolina's "Protection from Domestic Abuse Act," the
Family Court may issue an order which restrains your abuser from
bothering you and provides other temporary relief such as child
custody, child support, spousal support, use of the home,
possession of personal property, costs and attorney's fees, and
any other appropriate relief.
Click here to visit the
South Carolina General Assembly's homepage to read the complete
text of the "Protection from Domestic Abuse Act in Title 20,
Chapter 4 of the South Carolina Code of Laws.
Q: Who is eligible to get an Order of Protection? |
A: Any
household member (see definition above) who has been physically
harmed or threatened with physical harm, including bodily
injury, assault, or sexual criminal offenses.
Q:
Do I need a lawyer to get an Order of
Protection? |
A: No.
Some domestic violence programs have advocates available to
assist you in obtaining an order, but you don't need to have
anyone represent you. Simply go to the Family Court Clerk's
office and ask to fill out and file a "Petition for Protection
from Domestic Abuse" form. You should go to the Clerk's office
in the county in which your abuser lives, or where you live if
your abuser is a nonresident or can't be found, or where you
last lived together unless you are a nonresident, in which case
you must file in your abuser's county of residence. There is no
filing fee and the Clerk's office will arrange for serving your
abuser and scheduling a hearing. At the hearing, both you and
your abuser will be allowed to address the court. Try to have as
much evidence as possible of your abuse, and your fitness as a
parent if you have children. You can bring witnesses, affidavits,
photographs of your injuries, financial information about you
and your spouse if you are married to your abuser, and medical
and police report. If you have children, be prepared to answer
questions about how you can provide a stable environment for
them. This can include asking to be allowed to move back home
and have the abuser leave if appropriate. Based on the evidence
presented, the judge will issue an Order.
Q:
How long is an Order of Protection valid? |
A: The
portion of the order often referred to as the "restraining
order" is valid until the date ordered by the judge. Under a new
law in South Carolina, the judge cannot issue the order for less
than six months nor more than one year. Other provisions in the
order, such as custody, must be enforced until the court issues
a further order regarding those issues either pursuant to the
pending case or a separate action for divorce or deparate support
and maintenance. It is possible to receive permanent protection
in other proceedings such as a divorce, but not through the
Order of Protection from Domestic Abuse.
Q:
How do I enforce the order? |
A: Your
local law enforcement must enforce the order if it is valid. It
is a crime for your abuser to violate the order. Try to keep a
copy of your order handy at all times and give an extra to
someone you trust. while it is not required, you may provide a
copy to your local law enforcement agency and they will enter
your information on the National Crime Information Computer for
access by qualified law enforcement officers only. That way, if
you are ever without a copy of your order, the information will
be automatically available for enforcement.
Q:
If I got a protective order in another
state can it be enforced here or do I need to have a South
Carolina order? |
A: Under
both federal and state law, your order of protection must be
given full and credit in South Carolina as long as it appears
valid on its face. It can be enforced without any kind of
registration or certification in South Carolina; however, you
may want to provide local law enforcement with a copy for their
records. The terms of your order will be enforced even if the
relief you were given would not be available under South
Carolina law.
Q:
What resources are available? |
A:
If you are in crisis, please call the National Domestic
Violence Hotline at 1-800-799-SAFE. If you are in danger,
call the Police Department if you live within city
limits, or the Sheriff's Department if you live outside
city limits. Our search engine can help you find the law
enforcement office you need.
Click here to go there now.
Two organizations that are NOT crisis lines but who can help you
find resources in your area are the South Carolina Victim
Assistance Network (SCVAN) 803-750-1200 and the South
Carolina Coalition Against Domestic Violence and Sexual Assault
(SCCADVASA) 803-256-2900.
Click here
to visit our search page for a list of domestic
violence shelters and programs. Depending on the program,
they may provide you with shelter, transportation, legal advice,
counseling, and practical assistance. They are also a good source
for appropriate referrals.
For legal assistance in Family Court, pull up our
search page, or call the
South Carolina Bar's Lawyer Referral Service at
1-800-868-2284 for the name of an attorney in your area. If you
have little or no income, you can apply for services at your
local Legal Services program.
You may be eligible for assistance by applying at the local
office of the Department of Social Services. Your local
DSS office is listed on our
search
page . You may also qualify for housing
assistance by applying at the local housing authority office.
Don't overlook local charitable organizations, including
churches. |
DOMESTIC
VIOLENCE
ORGANIZATIONS
CASA/Family
Systems
Orangeburg,
Calhoun
&
Bamberg
800-298-7228
(Hotline)
803-534-2272
(Hotline)
803-534-2448
(Admin)
Citizens
Against
Spouse
Abuse
Horry &
Georgetown
843-448-6206
(Hotline)
843-626-7595
(Admin)
Citizens
Opposed
to
Domestic
Abuse
Beaufort,
Colleton,
Hampton
& Jasper
843-770-1070
(Hotline)
843-770-1074(Admin)
Cumbee
Center
to
Assist
Abused
Persons
Aiken,
Barnwell,
Allendale,
Edgefield,
McCormick
& Saluda
803-641-4162
(Hotline)
803-649-0480
(Admin)
Laurens
County
SAFE
Home
Laurens,
Saluda &
Abbeville
864-682-7270
(Hotline)
864-938-1136
(Admin)
MEG’s
House
McCormick,
Edgefield
&
Greenwood
800-447-7992
(Hotline)
864-227-1421
(Admin)
My
Sister’s
House,
Inc.
Charleston,
Berkeley
&
Dorchester
843-744-3242
(Hotline)
800-273-4673
(Hotline)
843-747-4069
(Admin)
Pee Dee
Coalition
Against
Domestic
and
Sexual
Assault
Florence,
Darlington,
Marion,
Chesterfield,
Marlboro,
Dillon &
Williamsburg
843-669-4600
(Hotline)
800-273-1820
(Hotline)
843-669-4694
(Admin)
Safe
Harbor
Greenville,
Oconee,
Pickens
&
Anderson
864-467-3636
(Hotline)
800-291-2139
(Hotline)
864-467-1177
(Admin)
SAFE
Homes --
Rape
Crisis
Coalition
Spartanburg,
Cherokee
& Union
864-583-9803
(Hotline)
800-273-5066
(Hotline)
864-583-9803
(Admin)
Safe
Passage,
Inc.
York,
Chester
&
Lancaster
803-329-2800
(Hotline)
800-659-0977
(Hotline)
803-329-3336
(Admin)
Sistercare,
Inc.
Richland,
Lexington,
Newberry,
Fairfield
&
Kershaw
803-765-9428
(Hotline)
800-637-7606
(Hotline)
803-926-0505
(Admin)
YWCA of
the
Upper
Lowlands,
Inc.
Sumter,
Lee &
Clarendon
803-775-2763
(Hotline)
803-773-7158
(Admin)
The information on
this website is for informational
purposes only and does not
constitute legal advice.
For more
information about order of protection in the state of South Carolina, check
out
http://www.womenslaw.org/SC/SC_how_to.htm
for more information. The
information above was gathered from http://www.womenslaw.org/SC/SC_how_to.htm
. |
 
Click Here to Find a Lawyer or Attorney
You do not need a lawyer to file for an
Order of Protection in the state of South Carolina. However, you may wish to have a lawyer or an attorney, especially if your abuser has a lawyer or an attorney. If you can, contact a lawyer or an attorney to make sure that your legal rights are protected.
Lawyers
from the state of South Carolina.
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