What Are My Legal Options?

Pee Dee Coalition strives to provide victims of abuse with legal help. Look below for information concerning your legal rights and options.

Order of Protection
An order of protection is available to a family or household member related by blood or marriage, or a petitioner on behalf of a minor family member, who has been abused. You may request a 24-hour emergency hearing. The order states that the responder is not allowed to abuse or threaten the petitioner. Violation of the order is a criminal offense punishable by 30 days in jail and a $200 fine or up to six months in prison. The order may also give temporary child custody, support, and exclusive use of the residence.

The Right to Prosecute
It is against the law for your spouse, former spouse, or live-in partner to cause physical harm or threaten to cause harm to you or your children. The charge can be criminal domestic violence, which carries a penalty of up to $200 or 30 days. On the third conviction for criminal domestic violence, the penalty is up to $3,000 and/or three years.

Do I Need a Lawyer?
A lawyer is not necessary for an emergency order of protection or to prosecute for criminal domestic violence on a third offense.

Stalking Is Against the Law
No one has the right to willfully, maliciously, and repeatedly follow or harass another person or make threats to hurt or kill another. If this happens, report it to law enforcement immediately.

What Are the Responsibilities of Law Enforcement?

The primary duty of a law enforcement officer when responding to a domestic abuse incident is to enforce the laws allegedly violated and to protect the abused person if abuse is evident. In such incidents, the law enforcement officer must take the following protective measures:

  • A law enforcement officer must arrest with or without a warrant, a person if the officer has probable cause that the person is committing or has freshly committed any misdemeanor or felony, even if the act did not take place in the presence of the officer. The officer may, if necessary, verify the existence of an order of protection by telephone or radio communication with the local law enforcement center. If an order of protection has been issued, the abused person should keep a copy with her or him at all times.
  • The officer should advise the parties of the importance of preserving evidence. To provide protection to the petitioner and any minor children, the officer may offer to or arrange to provide transportation of the abused persons to their residence(s) to allow for the removal of personal belongings such as clothing and medication.
  • If the officer determines that an arrest is not appropriate, the officer should notify the abused person of the right to initiate criminal proceedings and to seek an order of protection.

Things to Remember about Your Order of Protection

Immediate Concerns

  • Your order of protection will expire in 6-12 months.
  • Keep a copy with you at all times.
  • Others who should receive a copy:
    • Schools & Daycares
    • School District office
    • Employers
    • Landlord.

Long-Term Concerns

  • Remember that the order of protection will expire. Although you can receive an extension, you should consider more permanent legal remedies through the Family Court.
  • If you have moved into South Carolina and have a valid protection order related to domestic or family violence issued by a court in another state, it must be honored in this state.

What to Do if the Abuser Violates the Order

1.   Contact law enforcement immediately to file an incident report.

2.   Request a hearing in Family Court for a Rule to Show Cause.

3.   Violation of this order is a criminal offense punishable by 30 days in jail or a fine of $200, or it may constitute contempt punishable by up to one year in jail and/or a maximum fine of $1500.