[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 not to exceed one year unless extended by statute or further order]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties (Judicial Findings)
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution & Continuing Jurisdiction
- General Provisions
- 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” – Any weapon that will expel a projectile by the action of an explosive.
“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 Surrender. Respondent shall surrender all Firearms and ammunition in Respondent’s possession or control to [Law Enforcement Agency] within 24 hours of service of this Order and shall file proof of surrender with the Clerk within 48 hours.
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. [// GUIDANCE: Consider attaching a Form SCCA/FC/XXX worksheet or DSS administrative calculation.]
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. Violation of this Order may subject Respondent to immediate arrest without warrant and criminal prosecution under South Carolina law, punishable by fine, imprisonment, or both.
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]
[// GUIDANCE:
1. Attach supplemental sheets (Attachments A–C) for detailed visitation schedules, support calculations, or property removal inventories.
2. Confirm county-specific filing fees and service requirements (e.g., sheriff versus private process server).
3. If seeking a Temporary Ex Parte Order, use SCCA Form 403E and schedule the full hearing within the statutory window.
4. Verify firearm-surrender procedures with the local sheriff; some counties require immediate surrender at the hearing.
5. Cross-reference this Order with any pending criminal bail conditions to avoid contradictory directives.
]
END OF DOCUMENT