Restraining Orders

It may depend on the exact wording of the custody provision in your order of protection if there is a custody provision.  You may have to first seek the permission of the court before leaving.  If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a domestic violence advocate or lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children.  You can find contact information for local domestic violence organizations and legal assistance in the South Carolina area on our SC Advocates and Shelters page and our SC Finding a Lawyer page.

The court that gave you your restraining order needs to have an up-to-date mailing address for you so they can communicate with you if anything happens to your restraining order - for example, if the abuser asks the court to dismiss the order or if your order is changed in any way. If you won’t be getting mail at your old address, you will want to give the court a mailing address and a contact phone number. If you feel unsafe giving your new address, you can use the address of a trusted friend or a P.O. Box instead. 

Remember, if you want to keep your new address confidential, be sure to tell this to the court clerk and ask that your address not be made public to the abuser.