Restraining Orders

If the respondent is convicted of, pleads guilty to, pleads no contest to (“nolo contendere”), forfeits bail to, or is a juvenile who is adjudicated “delinquent”¹ of any of the following crimes or the attempt to commit any of these crimes, you can qualify for a permanent restraining order:

• harassment in the 1^st or 2^nd degree;
• stalking;
• domestic violence in the 1^st, 2^nd, or 3^rd degree;
• domestic violence of a high and aggravated nature;
• shipping, transporting, receiving, or possessing a firearm or ammunition under the circumstances explained in section 16-25-30 of the law;
• criminal sexual conduct in the 1^st, 2^nd, or 3^rd degree;
• criminal sexual conduct with minors in the 1^st, 2^nd, or 3^rd degree;
• engaging a child for sexual performance;
• producing, directing, or promoting sexual performance by a child;
• assault with intent to commit criminal sexual conduct;
• incest;
• buggery;
• peeping, voyeurism, or aggravated voyeurism;
• crimes against a minor that are related to obscenity, material harmful to minors, child exploitation, and child prostitution - you can see the complete list on the South Carolina Legislature website by scrolling down to “Article 3,” beginning with section 16-15-305;
• indecent exposure;
• kidnapping;
• trafficking in persons;
• criminal sexual conduct when the victim is a spouse;
• sexual battery of a spouse;
• sexual intercourse with a patient or trainee;
• criminal solicitation or attempted criminal solicitation of a minor for purposes of:
  • getting the minor to participate in “sexual activity,” as defined in subsection (5) of this law;
  • performing a sexual activity in the presence of the minor; or
• administering, distributing, dispensing, or delivering a controlled substance or GHB to someone with the intention to commit a crime listed in subsections (1) - (7) of section (f) of this law.²

Note: You can also get a permanent restraining order if the abuser was charged with a criminal sexual conduct offense, but it was later pled down to “assault and battery of a high and aggravated nature” or if the abuser was charged with a domestic violence offense and it was later pled down to “assault and battery” or “assault and battery of a high and aggravated nature.”²

¹ S.C. Code § 16-3-1900(2)
² S.C. Code § 16-3-1900(3)