Reviewed by Carrie Warner, Attorney at Law, SC Bar No. 72836 · Last reviewed November 2, 2026
If you are in immediate danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233. During a South Carolina divorce, three different kinds of orders can limit what a spouse may do: mutual restraining provisions in a family court temporary order, an Order of Protection under the Protection from Domestic Abuse Act, and no-contact conditions in a criminal case. Each one is requested differently, covers different conduct and is enforced differently.
Three Types of Orders at a Glance
| Type | Where it comes from | What it usually does |
|---|---|---|
| Mutual restraining provisions | Family court temporary or final order in the divorce case | Limits harassment, interference and handling of assets by both spouses |
| Order of Protection | Family court petition under S.C. Code § 20-4-10 et seq. | Protects a household member from abuse and can address contact, the home, children and support temporarily |
| Criminal no-contact conditions | Criminal court, often as a bond condition after an arrest | Bars the accused person from contacting the alleged victim while the criminal case is pending |
1. Mutual Restraining Provisions in a Temporary Order
Many divorces start with a temporary hearing, where the family court sets rules for the time before the divorce is final. Temporary orders commonly include mutual restraining provisions that apply to both spouses. Depending on the case, these may:
- bar each spouse from harassing, threatening or interfering with the other;
- bar each spouse from making negative comments about the other in front of the children;
- restrict selling, hiding or borrowing against marital property outside normal expenses; and
- limit contact to specific topics or methods, such as a co-parenting app for messages about the children.
These provisions are requested as part of the divorce case, usually through a motion for temporary relief supported by affidavits under Family Court Rule 21. They are enforced through contempt in the family court. Because they apply to both spouses, they do not suggest either spouse did anything wrong. They are not the same as an Order of Protection.
If you are worried about money being moved, see can your spouse empty a joint bank account during a divorce.
2. Orders of Protection Under the Protection from Domestic Abuse Act
South Carolina’s Protection from Domestic Abuse Act (S.C. Code § 20-4-10 et seq., see Title 20, Chapter 4) lets a household member who has been abused ask the family court for an Order of Protection. Under § 20-4-20, household members include spouses and former spouses, as well as people who have a child in common and certain people who live or have lived together.
How to request one
- File a petition with the family court. If a divorce or separate maintenance case is already pending, the request is brought as a motion for further relief in that case (§ 20-4-40(d)). Under § 20-4-40(f), the clerk may not charge a fee to file the petition. The Judicial Branch website has a Petition for Order of Protection page with forms.
- Emergency hearing. For good cause, the court may hold an emergency hearing within 24 hours after the petition is served on the respondent (§ 20-4-50). A prima facie showing of immediate and present danger of bodily injury counts as good cause.
- Regular hearing. Without an emergency, the petitioner can ask for a hearing, which the statute says must be granted within 15 days of filing.
- Proof. The petitioner must prove abuse by a preponderance of the evidence.
What an Order of Protection can do
Under § 20-4-60, the court may temporarily prohibit the respondent from abusing, threatening or molesting the protected people, from communicating with them in violation of the order, and from entering their home, workplace, school or other specified places. After a hearing, the court may also order temporary relief such as:
- temporary custody and visitation of minor children in the home;
- temporary financial support, where there is a duty of support;
- temporary exclusive possession of the residence, in the circumstances the statute allows;
- a ban on transferring or destroying mutually owned property outside the ordinary course of business;
- temporary possession of personal property, including pets, with law enforcement help for removal; and
- costs and attorney fees.
How long it lasts
Under § 20-4-70, an Order of Protection lasts for a fixed time of not less than six months and not more than one year. Either party can ask the court to extend or end it for good cause.
Mutual orders are limited
Under § 20-4-60(E), the court may issue a mutual Order of Protection only if it makes findings of fact that require it or both parties consent. That protects someone who asks for help from automatically being restrained too.
Violations
Violating an Order of Protection is a criminal offense, and it may also be punished as contempt of court (§ 20-4-60(B)). If the order is violated, call law enforcement and keep records: dates, times, screenshots and witness names.
3. Criminal No-Contact Orders
If a spouse is arrested for domestic violence, the criminal court that sets bond may order the accused person to have no contact with the alleged victim while the criminal case is pending. This is separate from the family court case. A family court order allowing contact, for example for exchanges of the children, does not automatically change a criminal bond condition. Only the criminal court can change its own conditions.
If you are the person accused, follow every condition exactly and talk to a criminal defense attorney. What you say in the family case can affect the criminal case, and the reverse is also true.
How These Orders Affect the Divorce
- Custody. Domestic violence is one of the factors courts consider in custody decisions. See the best interest of the child factors.
- Grounds. Physical cruelty is a fault ground for divorce under S.C. Code § 20-3-10.
- Mediation. Where there is abuse, a party may ask the court to exempt or defer mediation, or ask for safety arrangements.
- The home. An order may decide who stays in the residence temporarily.
For safety planning and the wider picture, read divorce when there is domestic violence in South Carolina. If children are at immediate risk, see emergency custody orders.
Practical Steps
- Write down incidents with dates, and save texts, emails, photos and medical records.
- Keep copies of any order with you, and give a copy to your children’s school if it covers pickups.
- Tell your attorney about every existing order, including criminal bond conditions, before any hearing or mediation.
- Never agree to informal contact that an order forbids, even if the other person asks.
For other topics in the process, return to the South Carolina Divorce Guide.
Frequently Asked Questions
Is there a fee to file for an Order of Protection in South Carolina?
No. Under S.C. Code § 20-4-40(f), the clerk may not charge a fee to file a petition for an Order of Protection.
How long does an Order of Protection last in South Carolina?
Not less than six months and not more than one year, under § 20-4-70. Either party can ask the court to extend or end it for good cause.
What is the difference between a mutual restraining order and an Order of Protection?
Mutual restraining provisions are part of the divorce case and bind both spouses. An Order of Protection is issued under the Protection from Domestic Abuse Act after proof of abuse.
Can a family court judge lift a criminal no-contact order?
No. Bond conditions in a criminal case can only be changed by the criminal court that set them.
Can an Order of Protection give me temporary custody?
It can. After a hearing, § 20-4-60 allows the court to award temporary custody and visitation of minor children living in the home.
Sources
- S.C. Code Title 20, Chapter 4 (Protection from Domestic Abuse Act)
- S.C. Code Title 20, Chapter 3 (§ 20-3-10, grounds for divorce)
- South Carolina Rules of Family Court, Rule 21 (Temporary Hearings)
- SC Judicial Branch, Self Help Resources
Talk to Warner Law about your situation. If you need protection during a divorce, or have been served with a petition, an attorney can explain which order fits and what to expect. Warner Law’s office is at 1405 Calhoun Street in Columbia. Call (803) 692-1072 or request a consultation.
This article is general information about South Carolina law, not legal advice for your case. Reading it does not create an attorney-client relationship. Every case is different, and past results do not guarantee a similar outcome.
