Restraining Orders

There are two types of orders: an ex parte temporary order and a final order.

Within twenty-four hours after you file for the restraining order, the judge can hold an emergency hearing. If at that hearing, the judge believes your allegations, the judge can issue a temporary ex parte restraining order without first informing the defendant. The order usually lasts for around 15 days. This temporary restraining order would be served upon the defendant along with what is called a “Rule to Show Cause.” The Rule to Show Cause must provide the date and time of the hearing where the defendant would have to appear to convince the judge that a final order should not be granted. After the hearing, a final order would last for at least one year. The judge will decide the exact length of the order on a case-by-case basis.¹

If the judge does not give you the temporary order, the judge can still set a date for a hearing to decide if you will get the final order. This hearing will generally take place within fifteen days of the date that you file for the order.²

Note: A final order will last beyond one year if the defendant gets criminally charged with the crime of harassment in the first or second degree or stalking while the order is still in effect and there is a trial date scheduled. In that case, the order will remain in effect until the trial ends.³ 

You can also file in court to extend an order beyond the one-year period if there is good cause.⁴ For more information, go to Can I extend or change my restraining order?

¹ S.C. Code §§ 16-3-1760(A), (B), (D); 16-3-1750(E)
² S.C. Code § 16-3-1760(C), (D)
³ S.C. Code § 16-3-1780(C)
⁴ S.C. Code § 16-3-1780(B)