Divorce can often be emotionally and financially stressful. Many people find the dissolution of not just their legal connection to a specific person, but also of the future they had imagined sharing with a loving partner, deeply unsettling. In most cases, however, as distressing as going through a divorce can be, the process is not actively dangerous – even if a former partner’s behavior during divorce is genuinely execrable. When either party in a South Carolina divorce crosses the line from “unpleasant” to “threatening,” it may be time for the other spouse to petition the judge in the Family Court overseeing the case for a protection order. Temporary orders of protection can help to keep you – and your children, if necessary – safe during divorce proceedings. Schedule a consultation with King Law Offices today to review your legal options. Call 888-748-KING anywhere in South Carolina to be connected with a member of our team at a location near you.
What Are Protection Orders in South Carolina?
Court orders can serve a number of crucial functions within the legal system, including in family law cases. Although spouses may not always think of their proceedings in this light, even the decree of divorce that marks the legal end of a marriage is itself a type of court order, and the many motions and hearings that may occur between the initial filing of a divorce complaint and the judge’s final decision in the case are essentially attempts to convince the court to structure the terms of the eventual order in a particular way.
Protection orders are sometimes confused with restraining orders because in many cases they impose similar restrictions on the party against whom the order is sought. However, orders of protection differ from restraining orders in that the petition for an order of protection may be filed only to receive protection against abuse by a member of one’s own household, as defined under the South Carolina Code of Laws, § 20-4—20. South Carolina confines the definition of abuse to physical harm, the threat of physical harm, or the commission or threat of sexual offenses that are criminalized elsewhere in the S.C. Code.
Legal Grounds for Seeking Orders of Protection
Generally speaking, these definitional requirements mean that orders of protection are most commonly sought in cases of domestic violence – but it is important to note that § 20-4-40(a) specifies that the petition for a protection order may be filed by any adult household member on behalf of a minor living in the same household and subject to abuse or the threat of abuse as defined by § 20-4-20. The petition will need to “allege the existence of abuse,” which means that protection orders cannot be sought “preemptively” in the broadest sense of the term; however, because the threat of physical harm is part of the definition of abuse applied under South Carolina law, it is not typically necessary to show evidence of bodily injury in order to validate the petition.
Orders of Protection vs. Restraining Orders
According to the University of South Carolina Joseph F. Rice School of Law, there are four distinct types of civil protection orders used by the South Carolina Judicial Branch. Of these four, three are types of restraining orders:
- Restraining orders
- Permanent restraining orders
- Emergency restraining orders
The fourth type is the protection order sometimes issued by South Carolina Family Courts to protect survivors of domestic violence and potential victims from their former intimate partners or others with whom they have shared a household. These protection orders are issued while a legal case is making its way through the court system, for instance during divorce proceedings.
What Is the Process for Obtaining Protection Orders During Divorce in South Carolina?
Temporary orders of protection are sought, and issued, in order to keep one party from harming another while a case is making its way through the legal system. In family law matters, judges may also issue temporary orders of protection to ensure the safety of a couple’s children (or the children of either partner, in the breakdown of a formerly blended family), during divorce or other family law proceedings – even though the children are not, legally speaking, any of the “parties” to a dispute between their parents.
Filing the Petition
Most divorces proceed without any physical threats. When there is ongoing physical abuse or an escalating threat of physical violence, however, it may become imperative for a domestic violence survivor to act quickly to protect themselves and potentially minor children within the household. Consequently
Some types of orders may be issued at the judge’s own initiative (called “on the court’s own motion”). This is sometimes the case, for instance, with temporary orders establishing how child custody will be handled during the divorce proceedings. Other types of orders are almost always requested from the court by one of the parties to the case. Protection orders fall into this latter category. If you want help filing the paperwork necessary to petition a South Carolina court for a protection order during your divorce from a threatening ex-partner, a family law attorney from King Law Offices may be able to guide you through the process.
Temporary vs. Permanent Orders
If you fear you may be in immediate danger, you can include with your petition a request that the court schedule a hearing within 24 hours of the time at which the petition is filed. In less urgent situations, South Carolina courts will schedule hearings for temporary protection orders within 15 days of the petition filing date.
The protection orders a judge issues during divorce will be temporary, although they can last for several months if the divorce is ongoing. In many cases involving temporary orders of protection, updated permanent restraining orders will be included in the judge’s final divorce decree. These permanent orders are considered restraining orders rather than protection orders because, once the divorce is final, the individual protected by the order is no longer seeking protection from a member of the same household, but depending on the wording of the final decree they may impose similar restrictions on contact between the parties.
Get Help Filing a Petition for Protection Orders in a South Carolina Divorce
South Carolina divorce laws impose a fairly restrictive definition of abuse that requires either physical harm or the threat of physical harm. Most divorces, even highly combative ones, proceed without either spouse feeling the need for court-ordered interventions to protect them, or their children, from the threat of physical abuse. Sometimes, however, a divorce case is opened precisely because the domestic situation has already become threatening; in others, a spouse not only responds poorly to the divorce process by instigating conflict at every turn, but by resorting to threats of physical abuse – and in all too many instances, by carrying out those threats. Protection orders from a South Carolina court can help to protect spouses and their children from violent partners or parents during divorce. Reach out to an experienced member of the King Law Offices team today to seek assistance filing a petition for protection orders in your divorce case. Call 888-748-KING to connect with a South Carolina divorce attorney at a location near you.