After an alleged incident of domestic violence, there can be two consequences. One is getting arrested, charged with a crime, and possibly convicted and sentenced. The other is a restraining order. While a restraining order against you is not the same thing as a jail sentence, it can affect your freedom to choose where you live and your ability to see your children.
In South Carolina, there are two types of restraining orders, which the law calls orders of protection: the temporary order of protection and the final order of protection.
Temporary orders of protection
A person who claims their spouse or significant other has physically or sexually assaulted them or threatened to do so can go to court to seek a temporary order of protection. This is the start of the process. Once the petition is filed, the judge will hold a hearing within 24 hours. Only the accuser will be present at the hearing. If the judge believes the accuser is in immediate danger, they will issue a temporary order. That order will last 15 days from the point the person accused of domestic violence is served court papers informing them of the order.
Final orders of protection
The next step is for the court to decide whether to issue a final order of protection. This type of restraining order lasts between six months and one year. Because it lasts so much longer, the judge will hold a full hearing at which both parties are invited to come and give testimony. Both sides can bring an attorney if they wish.
Restraining orders must be taken seriously
If the judge issues a final order, the person granted the order can ask to have it extended once it gets close to the expiration date, if it is necessary for their protection.
A restraining order is a highly personal matter because it affects your relationship with your family and your living situation. If you expect to be served with a restraining order, even if you are not being charged with a crime, you should contact a criminal defense attorney as soon as possible.
