Orders of Protection

2025-2026 Bill 4640: Orders of Protection - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4640
STATUS INFORMATION
General Bill
Sponsors: Reps. Pope, Oremus and Clyburn
Document Path: LC-0331VR26.docx
Introduced in the House on January 13, 2026
Currently residing in the House Committee on
Judiciary
Summary: Orders of Protection
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled (
House Journal-page 3
)

12/16/2025

House

Referred to Committee on
Judiciary

1/13/2026

House

Introduced and read first time (
House Journal-page 43
)

1/13/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 43
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION
20-4-20
, RELATING TO DOMESTIC ABUSE PROTECTION DEFINITIONS, SO AS TO
ADD A DEFINITION FOR "VICTIM ADVOCATE"; BY AMENDING SECTION
20-4-40
, RELATING
TO PETITIONS FOR AN ORDER OF PROTECTION, SO AS TO ALLOW A VICTIM ADVOCATE TO
FILE A PETITION FOR AN ORDER OF PROTECTION OR A MOTION FOR FURTHER RELIEF ON
BEHALF OF A HOUSEHOLD MEMBER; AND BY AMENDING SECTION
20-4-50
, RELATING TO
HEARINGS ON A PETITION FOR AN ORDER OF PROTECTION, SO AS TO MAKE CONFORMING
CHANGES.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
S
ection
20-4-20
of the S.C. Code is amended by adding:

(
g) "Victim advocate" means a "victim
service provider," as defined in Section
16-3-1420
, who speaks the survivor's
preferred language or uses the services of a qualified interpreter.

S
ECTION 2.
S
ection
20-4-40
of the S.C. Code is amended to read:

S
ection
20-4-40
.
T
here 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.
A victim advocate may file a petition for an
order of protection on behalf of a household member.

(
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)
(
1)
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.
A victim advocate may file and serve the motion for further
relief on behalf of a household member, even if the household member is
represented by legal counsel in the pending action.

(
2)
Where no action is pending,
the petition shall be filed and served as an independent action.

(
3)
A pending motion or petition
for relief shall not be dismissed solely because the underlying action is
dismissed.

(
4) If, subsequent to filing a petition
for an order of protection pursuant to subsection (a), the petitioner or
respondent files an action for divorce or separate support and maintenance, the
court shall consolidate the petition for an order of protection with the action
for divorce or separate support and maintenance and treat the petition for an
order of protection as a motion for further relief in the action for divorce or
separate support and maintenance. The court shall hold the requisite hearings
on the motion for further relief as required by Section
20-4-50
.

(
e)
The clerk of court must provide simplified forms which will facilitate the
preparation and filing of a petition
or motion for further
relief
under this section by any person
, whether or

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.

S
ECTION 3.
S
ection
20-4-50
of the S.C. Code is amended to read:

S
ection
20-4-50
.
(
a) Within twenty-four hours
after service of a petition
or motion for further relief
under
this chapter upon the respondent, the court may, for good cause shown, hold an
emergency hearing and issue an order of protection if the petitioner proves the
allegation of abuse by a preponderance of the evidence. A prima facie showing
of immediate and present danger of bodily injury, which may be verified by
supporting affidavits, constitutes good cause for purposes of this section.

(
b) If
the court denies the motion for a twenty-four-hour hearing or such a hearing is
not requested, the petitioner may request and the court must grant a hearing
within fifteen days of the filing of a petition
or motion
for further relief
. The court must cause a copy of the petition
or motion for further relief
to be served upon the
respondent at least five days prior to the hearing, except as provided in
subsection (a), in the same manner required for service in the circuit courts.
Where service is not accomplished five days prior to the hearing, the
respondent, upon his motion, is entitled to a continuance until such time is
necessary to provide for compliance with this section.

S
ECTION 4. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 13, 2026 at 2:43 PM