There is created an action known as a "Petition for an Order of Protection" in cases of abuse to a household member.

(a) A petition for relief under this section may be made by any household members in need of protection or by any household members on behalf of minor household members.

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Terms Used In South Carolina Code 20-4-40

  • Abuse: means :

    (1) physical harm, bodily injury, assault, or the threat of physical harm;

    (2) sexual criminal offenses, as otherwise defined by statute, committed against a family or household member by a family or household member. See South Carolina Code 20-4-20
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Court: means the Family Court. See South Carolina Code 20-4-20
  • Household member: means :

    (i) a spouse;

    (ii) a former spouse;

    (iii) persons who have a child in common;

    (iv) a male and female who are cohabiting or formerly have cohabited. See South Carolina Code 20-4-20
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.

(b) A petition for relief must allege the existence of abuse to a household member. It must state the specific time, place, details of the abuse, and other facts and circumstances upon which relief is sought and must be verified.

(c) The petition must inform the respondent of the right to retain counsel.

(d) In a pending action for divorce or separate support and maintenance, the petition for relief shall be brought in the form of a motion for further relief and shall be served on counsel of record, if any. Where no action is pending, the petition shall be filed and served as an independent action. A pending motion or petition for relief shall not be dismissed solely because the underlying action is dismissed.

(e) The clerk of court must provide simplified forms which will facilitate the preparation and filing of a petition under this section by any person not represented by counsel, including motions and affidavits to proceed in forma pauperis.

(f) The clerk of court may not charge a fee for filing a petition for an order for protection from domestic abuse.

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