What is the process of filing a restraining order?

Filing a restraining order in South Carolina requires completion of a Domestic Abuse Petition form and filing it in the county where the petitioner resides. In order to do this, the petitioner must go to the Magistrate or Domestic Relations Court in the county where they are seeking protection. The petitioner must provide the court with the necessary information about the person they are seeking protection from, which could include the respondent’s name, address, Social Security number, and driver’s license number. The petitioner must also provide the court with a sworn statement detailing the abuse they endured and why they need protection from the respondent. After receiving the signed form, the court staff will review the application and issue an ex parte Temporary Restraining Order (TRO). This is an immediate restraining order and requires the respondent to immediately cease all contact with the petitioner. The court will then schedule a hearing date to decide whether to issue a Final Restraining Order. Both the petitioner and the respondent will be expected to appear at that hearing, where the judge will hear both sides of the case and make a decision. If the judge decides to issue the Final Restraining Order, it will become legally binding and enforceable. The respondent then must abide by the Order or else face criminal penalties.

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What is the process of filing a restraining order?

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