Orders of Protection in South Carolina.

South Carolina faces both a serious, enduring domestic violence problem and significant barriers preventing access to civil justice. But, until the SC Access to Justice Commission’s recent research, little data has existed about either of these problems. This study from researchers at the University of South Carolina seeks to expand on this new body of access to justice research and fill the persistent gaps in data on domestic violence. It does so in this report by researching cases seeking Orders of Protection—the most widely used civil legal remedy against domestic violence in the state.

The Report.

In 2019, over 3,800 Order of Protection cases were filed in South Carolina Family Courts. This first report provides an initial look at these Order of Protection case files, broadly focusing on three topics: the people involved, the abuse that brought them to court, and preliminary information about these cases’ outcomes.

Key Findings.

The People.

  • The amount we know about the parties depends upon where in the state petitioners seek help, as some counties record little demographic information about petitioners.

  • The vast majority of cases are filed by women against men.

  • Most petitioners and respondents are 25-44 years old.

  • People are more likely to seek protection agains current rather than former spouses.

  • Statewide, a somewhat higher number of people seek protection against spouses than against cohabitants, but this varies widely at the county level.

  • Nearly half of parties report sharing children in common; most of these have young children, 0-10 years of age.

  • Dating partners who have not shared a residence are not eligible to seek Orders of Protection to protect themselves from abuse in South Carolina.

The Abuse.

  • The vast majority of petitioners (81%) report experiencing multiple types of abuse.

  • Petitioners understandably most often report physical abuse (67%) and threats to kill or harm the petitioner (50%), as these are the types of abuse that qualify for relief. In addition, 18% of petitioners report being strangled, 19% report their property being destroyed, 10% report being subjected to violence within or involving a vehicle, and 6% report threats being made to kill or harm their children.

  • Nearly one in four petitioners report being stalked.

  • Petitioners tend not to report sexual abuse.

  • Petitioners report experiencing certain types of abuse more often in some counties than others.

The Process.

  • How likely people are to seek an Order of Protection varies by where they live.

  • Lawyers are rare in Order of Protection cases.

  • The speed with which petitioners are protected depends upon where they file their case.

  • South Carolina is the only state that does not offer petitioners temporary Orders of Protection to protect them between the time of filing and the hearing in their case.

  • Less than half of the cases result in an Order of Protection.

  • The length of time petitioners are protected depends upon where they file their case.

  The Data.  

If you or someone you know is experiencing domestic violence, contact the National Domestic Violence Hotline at 800-799-7233, access resources through the SC Coalition Against Domestic Violence and Sexual Assault (SCCADVASA), or use the SCATJ Commission’s Legal Resource Finder to get connected with legal help.