Domestic Violence Protection Order - South Carolina

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

South Carolina requires the use of official court form SCCA 425 (Petition for
Order of Protection) for domestic violence protection order petitions. This template
provides the substantive legal content to help you prepare — but you must transfer
your content to the official form before filing. The official form is available at
https://www.sccourts.org/resources/general-public/petition-for-order-of-protection/.
Do not file this document directly with the court.

[DISCLAIMER: This template is provided for educational and drafting-support purposes only, does not constitute legal advice, and does not create an attorney–client relationship. South Carolina’s Protection from Domestic Abuse Act is complex, and local Family Court procedures can vary by county. A licensed South Carolina attorney should review, customize, and file this document to ensure statutory compliance and case-specific adequacy.]

STATE OF SOUTH CAROLINA

FAMILY COURT OF THE ___ JUDICIAL CIRCUIT

COUNTY OF [COUNTY]

[Petitioner Full Legal Name],

Petitioner,

v.

[Respondent Full Legal Name],

Respondent.

Case No.: ___________________

TEMPORARY ☐ FINAL ☐

ORDER OF PROTECTION FROM DOMESTIC ABUSE
(“Protection Order”)

Effective Date: __[DATE]__
Expiration Date (if Final Order): __[DATE — a fixed period not less than six (6) months nor more than one (1) year per S.C. Code Ann. § 20-4-70(A), unless extended by court order]__

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties (Judicial Findings)
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution & Continuing Jurisdiction
9. General Provisions
10. Execution & Notice of Entry

1. DOCUMENT HEADER

A. Jurisdiction. This Court has subject-matter jurisdiction pursuant to the Protection from Domestic Abuse Act, S.C. Code Ann. §§ 20-4-10 et seq., and personal jurisdiction over the parties.

B. Parties. The Petitioner and Respondent are identified above and are collectively the “Parties.” Any minor children or other household members specifically listed in Section 2 (“Protected Parties”) are also entitled to the protections herein.

C. Consideration & Context. This Order is entered after:

1. Proper filing of a verified Petition;
2. Service of process (or legal waiver) on the Respondent; and
3. A duly noticed hearing held on __[DATE]__, at which the Court received sworn testimony and evidence.

2. DEFINITIONS

(Alphabetical; capitalized terms have the meanings below throughout this Order.)

“Allowed Communication” – Written or oral communication expressly permitted in Section 3.C.

“Firearm” – As defined in S.C. Code Ann. § 16-25-10(7) (a pistol, revolver, rifle, shotgun, machine gun, submachine gun, or assault rifle designed or capable of firing fixed cartridge ammunition or from which a shot or projectile is discharged by an explosive; excluding antique firearms per 18 U.S.C. § 921(a)(16)).

“Law Enforcement Agency” – The sheriff’s office or police department with primary jurisdiction over the location where enforcement is sought.

“Prohibited Conduct” – Any act set forth in Section 3.B.

“Protected Address” – The residential, school, or employment address(es) listed in Section 3.A.(iii).

“Protected Parties” – (i) Petitioner; (ii) minor child(ren) of the Parties identified as:
• Name: __[NAME]__, DOB __[DATE]__
• … [ADD ADDITIONAL AS NEEDED]
and (iii) any other household member enumerated by the Court.

“Respondent” – The individual against whom protection is ordered.

3. OPERATIVE PROVISIONS

A. Stay-Away Requirement.
i. Respondent shall remain at least __[X]__ yards from each Protected Party at all times.
ii. Respondent shall remain at least __[X]__ yards from any Protected Address.
iii. Protected Address(es):

1. Residence: __[STREET, CITY, ZIP]__
2. School/Child Care: __[NAME & ADDRESS]__
3. Place of Employment: __[NAME & ADDRESS]__

B. Prohibited Conduct. Respondent is enjoined from:

1. Physically abusing, threatening to abuse, or molesting any Protected Party;
2. Communicating, harassing, stalking, cyber-stalking, or contacting any Protected Party directly or indirectly, except as Allowed Communication;
3. Damaging, hiding, or disposing of personal property of any Protected Party.

C. Allowed Communication.

1. Through counsel of record;
2. As strictly necessary to coordinate court-ordered visitation or custody exchanges via a neutral third-party or supervised application;
3. In any manner expressly authorized in writing by the Court or the Petitioner.

D. Removal From Residence. ☐ Required ☐ Not Required
If checked “Required,” Respondent shall immediately vacate the shared residence located at __[ADDRESS]__, taking only personal effects and clothing, and shall not return without further order.

E. Firearm Prohibition. Where the Court has made the specific findings required by S.C. Code Ann. § 16-25-30(A)(4) — that Respondent caused physical harm, bodily injury, or assault, or offered or attempted to cause physical harm or injury to Respondent’s own household member with apparent and present ability under circumstances reasonably creating fear of imminent peril — and has ordered the prohibition, Respondent SHALL NOT ship, transport, receive, or possess any Firearm or ammunition while this Order is in effect; such possession is unlawful under § 16-25-30. (Note: South Carolina law does not itself require the physical surrender of firearms to law enforcement under a protection order; the remedy is the possession prohibition above.)

F. Temporary Custody & Visitation (if applicable).

1. Custody of minor child(ren) is awarded to: __[PETITIONER / OTHER]__.
2. Visitation: ☐ Suspended ☐ Supervised ☐ As stated in Attachment A.

G. Temporary Support (if applicable). Respondent shall pay temporary child/spousal support in the amount of $__[AMOUNT]__ per ___(week/month)__, commencing ___[DATE]__, through the Centralized Support Payment Center.

H. Duration; Extension. This Order shall remain in force until the Expiration Date unless:

1. Extended upon timely motion filed before expiration;
2. Vacated or modified by further court order; or
3. Terminated by operation of law.

4. REPRESENTATIONS & WARRANTIES (JUDICIAL FINDINGS)

A. Relationship. The Parties are/were in one of the statutorily recognized relationships under S.C. Code Ann. § 20-4-20, specifically: __[relationship (e.g., spouse, former spouse, co-parent)].__

B. Abuse Finding. The Court finds by a preponderance of the evidence that Respondent committed an act of domestic abuse or that Petitioner is in imminent danger of such abuse.

C. Notice & Due Process. Respondent was served with notice and an opportunity to be heard consistent with constitutional and statutory requirements.

D. Necessity. The relief granted herein is necessary to protect the safety and welfare of the Protected Parties and is narrowly tailored to that purpose.

5. COVENANTS & RESTRICTIONS

A. Compliance. Respondent shall strictly comply with every term of this Order.

B. Treatment Programs (if ordered). Respondent shall enroll in and complete:

1. ☐ Batterer intervention program;
2. ☐ Alcohol/Substance abuse assessment and recommended treatment;
3. ☐ Anger management counseling;
   within __[X]__ days, providing proof of enrollment and completion to the Court.

C. Notice of Address Change. Each Party shall update the Clerk and the other Party (through counsel if represented) of any change of residence within 72 hours.

6. DEFAULT & REMEDIES

A. Criminal Penalties. Per S.C. Code Ann. § 20-4-60(B)(1), violation of this Order is a criminal offense punishable by thirty (30) days in jail or a $200 fine, or may constitute contempt of court punishable by up to one (1) year in jail and/or a fine not to exceed $1,500. A law-enforcement officer may arrest Respondent with or without a warrant where the violation also constitutes a domestic-violence offense under S.C. Code Ann. § 16-25-70.

B. Civil Contempt. This Court retains power to impose coercive and/or compensatory contempt sanctions, including incarceration, monetary fines, and attorney’s fees, for any willful violation.

C. Emergency Enforcement. Any Law Enforcement Agency receiving a certified copy of this Order shall enforce it as required by law.

D. Attorney’s Fees & Costs. If Petitioner is required to initiate enforcement proceedings, the Court may award reasonable attorney’s fees and costs to the prevailing party.

7. RISK ALLOCATION

[No indemnification or liability-limitation provisions apply; civil or criminal liability is determined by statute and judicial findings.]

8. DISPUTE RESOLUTION & CONTINUING JURISDICTION

A. Governing Law. This Order is governed by South Carolina law.

B. Forum Selection. Exclusive jurisdiction for all matters arising under or related to this Order lies in the Family Court of the ___ Judicial Circuit, State of South Carolina.

C. Jury Waiver. Family Court proceedings related to this Order shall be tried to the Court without a jury as provided by South Carolina law.

D. Modification. Either Party may, upon proper notice and filing, request modification or dissolution of this Order pursuant to S.C. Code Ann. § 20-4-70.

E. Injunctive Relief Preservation. Nothing herein limits the Court’s inherent authority to issue further injunctive relief as justice requires.

9. GENERAL PROVISIONS

A. Severability. If any provision of this Order is held invalid, the remainder shall remain in full force and effect.

B. Integration. This Order constitutes the entire ruling and supersedes any prior restraining orders between the Parties, except criminal no-contact orders, which remain concurrently enforceable.

C. Copies & Entry. The Clerk shall:

1. Enter this Order forthwith;
2. Provide certified copies to the Parties, their counsel, and the designated Law Enforcement Agency; and
3. Transmit the Order to SLED for entry into NCIC/NICS as required.

D. Electronic Signatures. This Order may be signed electronically in accordance with South Carolina E-filing Rules and shall carry the same force and effect as an ink-signed original.

10. EXECUTION & NOTICE OF ENTRY

SO ORDERED AND ADJUDGED this ___ day of __________, 20__.

______________________________________
[PRINTED NAME], FAMILY COURT JUDGE
___ Judicial Circuit, State of South Carolina

Date of Entry: _______________________

Acknowledgment of Service

(☐ Petitioner ☐ Respondent ☐ Both)
I acknowledge receipt of a certified copy of this Protection Order on ___[DATE]___.

______________________________________
[Party / Counsel / Law Enforcement Officer]

END OF DOCUMENT