How to Apply for a Restraining Order in South Carolina

Have you been harassed, threatened, or assaulted in Myrtle Beach? If so, you can qualify for a temporary or permanent restraining order – including a no-contact order – to help protect you and your loved ones. South Carolina law provides for both domestic orders of protection and restraining orders for victims of qualifying crimes. If you need help securing protection quickly, our criminal defense lawyers can guide you through the process of obtaining a restraining order.

Differences Between a Restraining Order and a Protective Order

A restraining order is typically used when the parties are not considered domestic partners. This means they do not share children, have never been married, and have not lived together. A person seeking a restraining order must file a petition with the Magistrate’s Court. The petitioner must be prepared to show a pattern of abuse that qualifies as harassment or stalking.

Examples may include repeated, unnecessary communication—such as emails, text messages, phone calls, direct messages, physical mail, or in-person contact—after being clearly asked to stop. It may also involve behavior that causes the victim to fear for their safety, such as following them, engaging in targeted surveillance, or repeatedly appearing at their workplace or school without a legitimate purpose.

There does not need to be a pending criminal charge against the accused individual for a restraining order to be granted. However, filing a police report can help document the unwanted contact and strengthen the request.

Protective orders, also called orders of protection, are handled in Family Court and are reserved for individuals legally considered domestic partners. These include current or former spouses, individuals who share a child, or people who have lived together.

In both types of cases, the person against whom the order is sought may hire legal counsel to contest the filing. For this reason, it is wise to consult with an experienced attorney who can help prepare evidence, navigate court procedures, and protect your rights throughout the process.

Where to File for a Myrtle Beach Protective Order

Restraining orders, also called protective orders or orders of protection, are available to victims of qualifying crimes and their minor household members through the local family or magistrate courts. In South Carolina, you must file a ‘Petition for Order of Protection’ with the family court in the county where the abuse occurred, where you live (including in a domestic shelter), where the abuser lives, or where you last resided together with the abuser.

Family courts accept these petitions during business hours. However, a compassionate domestic violence lawyer can help you request a temporary restraining order from the local magistrate’s court. If the abuse occurred after hours, over the weekend, or during the holidays, South Carolina courts are always open to issuing restraining orders to qualifying victims.

Grounds for Obtaining Domestic Abuse Restraining Orders in South Carolina

You may obtain a restraining order (order of protection) under the ‘Protection from Domestic Abuse Act’ by showing that you suffered abuse from a qualifying household member. This term is misleading, however, because household members legally include the following under S.C. Code § 20-4-20:

• Spouse
• Former spouse
• Co-parent (child in common)
• Live-in boyfriend or girlfriend
• Ex-boyfriend or ex-girlfriend you once lived with

Abuse is defined as physical harm, assault, bodily injury, or any sexual offense committed against you or a household member by another household member. It also includes threats of physical harm, including sexual battery. Victims of harassment, stalking, or other crimes not committed by household members can still qualify for a restraining and no-contact order under S.C. Code § 16-3-1770(B).

Procedures for Obtaining Horry County Orders of Protection

To petition for a protective order, you must generally include the abuser’s name, address, and contact information, if available. It’s also helpful to include a police report and any evidence of harassment, such as social media, text, and call logs. Decided crime victim protection attorneys in Myrtle Beach can obtain this information and submit the petition on your behalf.

Restraining orders are generally issued as emergency, temporary orders. They typically prohibit the abuser from entering your home/workplace/school, destroying or taking personal property, communicating with you, and engaging in any abusive behavior towards you, your family members, or your pets. The abuser still has the right to a hearing, generally within a few weeks, where a dedicated crime victims’ defense lawyer in South Carolina will fight for long-term relief.

Your Emergency Myrtle Beach Restraining Order Lawyers

The courts are always open to help domestic abuse and crime victims obtain immediate protection. At Brad C. Richardson, we know how overwhelming this process can be after you’ve been threatened, abused, or harassed. Let us handle the paperwork and give you peace of mind during protective order proceedings. Call (843) 488-4321 or contact us online.