People use the two terms as if they were the same thing. In South Carolina they are not. An order of protection comes from the family court under the Protection from Domestic Abuse Act. A restraining order comes from the magistrate court under the Harassment and Stalking Statute. They cover different conduct, they are available to different people, they are issued on different timetables, and they give different relief. Understanding the order of protection vs restraining order in South Carolina question before you file is the difference between walking out with an order and being told you are in the wrong building.

Order of protection: the family court’s tool

The Protection from Domestic Abuse Act is built around two definitions in S.C. Code § 20-4-20. “Abuse” means physical harm, bodily injury, assault, or the threat of physical harm, or a sexual criminal offense committed against a family or household member. “Household member” means a spouse, a former spouse, persons who have a child in common, and persons who are cohabiting or formerly have cohabited. If your situation does not fit both definitions, this Act is not available to you, however frightening the conduct is.

• —Who can file: a household member in need of protection, or one household member on behalf of a minor. The petition is filed in the family court.
• —How fast: under S.C. Code § 20-4-50 the court may, for good cause, hold an emergency hearing within twenty-four hours after the petition is served on the respondent, and “a prima facie showing of immediate and present danger of bodily injury, which may be verified by supporting affidavits, constitutes good cause.” Otherwise the petitioner may request, and the court must grant, a hearing within fifteen days of the filing. There is no filing fee.
• —What it can do: the order can prohibit abuse, threats and contact, and after a hearing the family court can also award temporary custody and visitation, temporary support, possession of the residence and of personal property including pets, and attorney’s fees, relief the magistrate cannot give. That breadth is the reason to choose this route when children or the home are part of the problem.
• —How long it lasts: S.C. Code § 20-4-70 sets a fixed period of not less than six months nor more than one year, and the court may extend it on motion before it expires.

Restraining order: the magistrate court’s tool

The Harassment and Stalking Statute is not about who the other person is to you. It is about what they are doing. Under S.C. Code § 16-3-1700, harassment is a pattern of intentional, substantial and unreasonable intrusion into your private life that serves no legitimate purpose and would cause a reasonable person distress, and stalking is a pattern of words or conduct intended to cause, and causing, a reasonable fear of harm. Under S.C. Code § 16-3-1750, the magistrates court has jurisdiction over a restraining order against a person engaged in harassment or stalking, and “a complaint and motion for a restraining order may be filed by any person.”

• —Who can file: anyone. A neighbor, a former partner, a co-worker, an ex-spouse, a stranger who will not stop. And, after Major v. Major, a current spouse.
• —How fast: S.C. Code § 16-3-1760 allows the court, for good cause shown, to hold an emergency hearing within twenty-four hours of the filing and issue a temporary restraining order without notice to the defendant. “A prima facie showing of present danger of bodily injury, verified by supporting affidavits, constitutes good cause.” Otherwise the court holds a hearing within fifteen days of the filing, and not sooner than five days after the defendant is served.
• —What it can do: bar the defendant from abusing, threatening or molesting you or your family, from entering your home, workplace or school, and from communicating with you. It does not decide custody, support or who lives in the house.
• —How long it lasts: under S.C. Code § 16-3-1780 a restraining order is for a fixed period not to exceed one year and may be extended on your motion, with notice to the defendant, for good cause.

Order of protection vs restraining order in South Carolina: how to choose

Ask three questions in order.

• —Is the other person a household member, and has there been physical harm or a threat of it? If yes to both, the family court’s order of protection is available and it is usually the better order because of the relief it carries. If either answer is no, the Act does not apply and the magistrate’s restraining order is the route.
• —Is the conduct a pattern of contact, following or surveillance rather than a single incident? The magistrate’s statute is written for patterns. Both statutes have an emergency twenty-four-hour track for present danger of bodily injury, although the magistrate’s runs from filing and can proceed without notice to the defendant, while the family court’s runs from service on the respondent. Speed alone should not drive the choice.
• —Do you need decisions about children, support or the home at the same time? Only the family court can make them. If you file in magistrate court, those questions wait for a family court action, and our post on Rule 21 temporary hearing procedures explains how long a family court temporary hearing can take to schedule.

The two orders are not mutually exclusive. The Court of Appeals in Major v. Major held that the magistrate court has jurisdiction over a harassment or stalking restraining order regardless of the marital status between the parties, and described the two statutes as coexisting. A person who is being harassed by a spouse may seek the magistrate’s order now and the family court’s relief in a divorce or custody action, and the order in which those are filed is a strategy decision worth making with a lawyer.

What both courts will want from you

Whichever order you seek, the complaint or petition is where cases are won or lost. The magistrate’s statute requires a verified complaint that states the time, place and manner of the acts complained of. The family court petition must allege abuse to a household member, state the specific time, place and details of the abuse, and be verified. In both, the judge is reading a document before hearing a word from you. Keep every message, voicemail, delivery slip and email with the sender and timestamp visible, in order, unedited. Write a dated timeline. If you told the other person to stop, keep the proof that you did. If the concern is a co-parent ignoring a custody order rather than harassing you, that is an enforcement problem and our guide to how to enforce a visitation order covers it.

Frequently asked questions

Can I get an order of protection against someone I only dated?

Not under the Protection from Domestic Abuse Act unless you lived together or have a child in common; the household-member definition in S.C. Code § 20-4-20 is the gate. A magistrate’s restraining order under the Harassment and Stalking Statute is available against anyone whose conduct meets the definitions.

I am still married. Do I have to go to family court?

No. Major v. Major (S.C. Ct. App. May 13, 2026) holds that the magistrate court can hear a harassment or stalking restraining order regardless of marital status. Whether family court is the better choice depends on what relief you need.

Can I get either order the same day?

Both statutes allow an emergency hearing within twenty-four hours where there is a present danger of bodily injury supported by affidavit: in magistrate court, twenty-four hours from filing and without notice to the defendant; in family court, twenty-four hours from service on the respondent. The full hearing follows within fifteen days.

Does either order cost money to file?

The Protection from Domestic Abuse Act provides that no filing fee is charged for a petition for an order of protection. Ask the magistrate’s office about its filing requirements before you go.

What if I am in immediate danger right now?

Call 911. The orders described here are for what happens next, and a lawyer can help you file the right one quickly.

Talk to a Charleston family law attorney

The wrong filing costs days you may not have. Klok Law handles family law matters, including orders of protection and restraining orders, across Charleston, Mount Pleasant, Berkeley and Dorchester counties, and can tell you in one conversation which court fits your facts. Call Klok Law at (843) 701-1695.

This article is for general information only and is not legal advice. For advice about your specific situation, contact Klok Law at (843) 701-1695.