Victims’ Rights

South Carolina has three types of protective orders. Temporary restraining orders are issued by county magistrate court judges and require two police reports prior to filing. Temporary protective orders are issued by family court judges and are specifically for situations where you are restraining someone in your household (i.e. a family member or romantic partner, whether you are married or not). Both of these orders are intended to be relatively easy for someone to obtain without a lawyer, and the necessary paperwork is available below for protective orders and for restraining orders (Items 51-57). In addition, SC Legal Services has produced an excellent self-help guide for protective orders, which is available here. We can do a free consultation to help walk you through the process of obtaining a restraining order, or we can provide an attorney to represent you.

The third type of restraining order is a permanent restraining order. These are only available to witnesses and victims of crime after the perpetrator has been convicted, and they can be issued by family, circuit, or magistrate's court. For more information please click here.

Being the victim of a crime can cause a wide range of difficulties. Whether you are looking for assistance with a civil suit against the perpetrator, assistance dividing property and finances from a former domestic partner and protecting yourself from financial abuse, or you are concerned about protecting your privacy rights during a criminal proceeding, particularly as the victim of sexual assault, we can assist in protecting your rights and minimizing the impact of a crime on your life.