Orders of Protection

2025-2026 Bill 5366: Orders of Protection - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 5366
STATUS INFORMATION
General Bill
Sponsors: Reps. Bustos, Hartnett, Landing, Teeple, Wickensimer and Wetmore
Document Path: LC-0471VR26.docx
Introduced in the House on March 11, 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

3/11/2026

House

Introduced and read first time (
House Journal-page 30
)

3/11/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 30
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
03/11/2026

A bill

TO AMEND THE SOUTH
CAROLINA CODE OF LAWS BY ADDING SECTION
20-4-35
SO AS TO ALLOW MAGISTRATES TO
ISSUE EX PARTE ORDERS OF PROTECTION IN CERTAIN CIRCUMSTANCES; AND BY AMENDING
SECTIONS
20-4-30
,
20-4-50
, AND
20-4-90
, ALL RELATING TO ORDERS OF PROTECTION, SO
AS TO MAKE CONFORMING CHANGES, AND FOR OTHER PURPOSES.

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

S
ECTION 1.
A
rticle 1, Chapter 4, Title 20 of the S.C. Code is
amended by adding:

S
ection
20-4-35
.
(
A) A magistrate may issue
an ex parte order of protection without prior notice to the respondent, or
counsel for the respondent, or the opportunity to be heard, if the magistrate
determines there is probable cause to believe that by reason of abuse there
exists an immediate and present danger of bodily injury to a household member
in need of protection. A prima facie showing of immediate and present danger of
bodily injury, as well as the specific time, place, details of the abuse, and
other facts and circumstances upon which the ex parte order is sought, which
may be verified by supporting affidavits, constitutes probable cause for
purposes of this subsection.

(
B)
Within fourteen days after issuing an ex parte order, the magistrate must hold
a hearing to determine if the petitioner is entitled to an order of protection.
A copy of the ex parte order of protection and written notice of the hearing
must be served on the respondent in accordance with subsection (C) and must
inform the respondent of the right to be heard and the right to retain counsel.

(
C) The
magistrate must cause a copy of the ex parte order of protection and notice of
hearing to be served upon the respondent at least five days prior to the
hearing, 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 as is necessary
to provide for compliance with this section. However, the provisions of the ex
parte order of protection remain in effect until the hearing can be held.

(
D) At
the hearing, the magistrate shall determine based on the evidence whether the
petitioner has proven the allegation of abuse by a preponderance of the
evidence and whether an order of protection continues to be appropriate to
protect the petitioner or the abused person or persons on whose behalf the ex
parte order of protection was issued. If the magistrate determines that the
order of protection is to remain in effect, the magistrate shall issue an order
in accordance with Section
20-4-60
, which shall remain in effect as provided
for in Section
20-4-70
.

(
E) Any
future proceedings between the parties must be held in family court, except as
otherwise allowed pursuant to this chapter.

S
ECTION
2.A.
S
ection
20-4-30
(A) of the S.C. Code is amended
to read:

(
A) The family court has jurisdiction
over all proceedings under this chapter except that, during nonbusiness hours
or at other times when the court is not in session, the petition may be filed
with a magistrate.
The magistrate may issue an order of
protection granting only
A magistrate may issue an
ex parte order protection pursuant to Section
20-4-35
and has jurisdiction over
the initial hearing required following issuance of an ex parte order of
protection. An order of protection issued by a magistrate may grant
the
relief provided by Section
20-4-60
(a)(1)
and (2)
.

B
.
S
ection
20-4-50
(a) of the S.C. Code is amended to read:

(
a) Within twenty-four hours after
service of a petition under this chapter upon the respondent, the court
may
shall
, 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.

C
.
S
ection
20-4-90
of the S.C. Code is amended to read:

S
ection
20-4-90
. When any order is issued pursuant to this chapter, upon request of the
petitioner, the court may, as part of the order, require the sheriff's
department or the police department pursuant to duties described under Section
20-4-100
to accompany the petitioner and assist in placing the petitioner in
the possession of the dwelling or residence or otherwise assist in execution of
service of the order
, or to accompany the respondent to
retrieve personal belongings from the dwelling or residence
.

S
ECTION 3. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on March 11, 2026 at 11:24 AM