How to Get an Order of Protection in South Carolina
South Carolina Order of Protection process explained.
Understanding Canadian Protection Orders
Who May Apply for a Protection Order
A protection order (often called a peace bond, restraining order, or family violence protection order, depending on the province or territory) is usually available to people who:
- Have safety concerns about harm, threats, or ongoing harassment
- Have been in an intimate, family, or close personal relationship with the other person (rules differ by region)
- Are being stalked or repeatedly contacted in ways that cause fear
- Need limits on someone’s behaviour for safety, even if there is no criminal charge
Parents, guardians, or child protection workers may sometimes apply on behalf of a child or dependent person. In some areas, police or designated workers can also request certain emergency or short-term orders.
Names, forms, and eligibility rules for protection orders are different in each province and territory. Local legal clinics, duty counsel, or community advocates can explain options in your area, but they cannot guarantee a result.
From Temporary Order to Service to Hearing
1. Requesting an Emergency or Temporary Order
In many regions, a judge or justice of the peace can make a short-term or emergency order, sometimes:
- Based on your written application, sometimes with an affidavit
- By phone or video in urgent situations, usually with police or a designated worker involved
- Without the other person being present at the first stage (this is often called an “ex parte” order)
If granted, this temporary order usually starts right away and lasts until the next court date.
2. Serving the Other Person
Once an order is made, the other person generally must be officially notified (served). This may be done by:
- Police or a sheriff
- A professional process server
- Another adult who follows the court’s rules for service
Courts rarely allow you to personally hand the order to the other person because of safety and fairness concerns.
If you have safety concerns about the other person learning about the order, you can raise this with the court, a lawyer, or duty counsel before filing. They may suggest options to reduce risk, such as having police handle service.
3. The Court Hearing
After service, a hearing date is usually set. At the hearing:
- Both sides may have a chance to speak, give evidence, or file documents
- The judge may ask questions to understand safety concerns and what protections are needed
- The court can continue, change, cancel, or extend the order
In some cases, if the other person does not attend after proper service, the judge may still continue with the hearing and make a longer order.
Protections Commonly Included
What can be included depends on the type of order and the region, but commonly used protections include:
- No contact: phone, text, email, social media, or asking others to contact you for them
- Stay-away zones: not coming to your home, workplace, school, or other listed locations
- Limits on third-party contact: contact allowed only through a lawyer, mediator, or specific app for certain issues
- Rules about children: where allowed, directions about parenting time, exchanges, or communication about children
- Firearms and weapons: requirements to surrender firearms or not possess weapons as defined in the order
- Property or residence: in some family-violence orders, one person may be ordered not to return to the shared home
Breaking a protection order can lead to criminal charges, but enforcement depends on local police and prosecutors. Keeping copies of the order in safe places and noting any breaches can help if you decide to report.
General Duration of Protection Orders
How long a protection order lasts varies widely across Canada and by type of order:
- Emergency or interim orders often last days to a few months, until a full hearing is held
- Some family or intimate partner orders may last 6–12 months or longer
- Peace bonds (under the Criminal Code) are often made for up to 12 months
- Certain orders can sometimes be renewed or extended by going back to court before they expire
Courts also have the power in some cases to end an order early or change its terms if circumstances change and someone makes a new application.
For many people, a protection order is only one part of a broader safety plan. Additional support options across Canada, including shelters and legal information services, can be found through resources listed at DV.Support.