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Legal Information: South Carolina

Restraining Orders

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Laws current as of
November 13, 2023

What is the legal definition of abuse in South Carolina?

For the purposes of getting an order of protection, South Carolina law defines abuse as when a “family or household member” does any of the following:

  • physically harms you or threatens to do so;
  • causes you bodily injury;  
  • assaults you; or
  • commits a sexual criminal offense against you.1

A family or household member is defined as:

  • a spouse or ex-spouse;
  • someone with whom you have a child in common; or
  • someone with whom you live(d) in a romantic way (“cohabitation”).2

Note: If the acts of the abuser do not fit in this definition, or if you don’t have the required relationship with the abuser, you may still be eligible for a restraining order against stalking or harassment. See our Restraining Orders Against Stalking or Harassment page for more information.

1 S.C. Code § 20-4-20(a)
2 S.C. Code § 20-4-20(b); Jane Doe v. State of South Carolina, 421 S.C. 490, 808 S.E.2d 807 (2017)