(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 the relief provided by Section 20-4-60(a)(1).
(B) Except as provided in subsection (C), actions for an order of protection must be filed in the county in which:
(1) the alleged act of abuse occurred;
(2) the petitioner resides or is sheltered, unless the petitioner is a nonresident of the State;
(3) the respondent resides, unless the respondent is a nonresident of the State; or
(4) the parties last resided together.
(C)(1) If the action is filed in the county in which the petitioner resides or is sheltered and the respondent is a nonresident of that county, the petitioner must request that the action be immediately transferred to another county in which venue is proper and must include a supplemental petition that designates the transfer county and that changes all specific references to the county of filing to the transfer county. The clerk of court must transfer and forward the supplemental petition to the transfer county.
(2) If the petitioner is a nonresident of the State, the action must be filed in the county specified in item (1), (3), or (4) of subsection (B).
(3) If the respondent is a nonresident of the State, the petitioner may request that the action be immediately transferred to another county in which venue is proper and must include a supplemental petition that designates the transfer county and that changes all specific references to the county of filing to the transfer county. The clerk of court must transfer and forward the supplemental petition to the transfer county.
(D) Hearings on the petition may be held in any county in the same judicial circuit as the county in which the action is filed or to which the action is transferred.
HISTORY: 1984 Act No. 484, Section 2; 2002 Act No. 329, Section 1, eff June 18, 2002.
Structure South Carolina Code of Laws
Chapter 4 - Protection From Domestic Abuse
Section 20-4-30. Jurisdiction.
Section 20-4-40. Petition for order of protection.
Section 20-4-50. Hearing on petition.
Section 20-4-60. Order of protection; contents.
Section 20-4-65. Order of protection from domestic abuse; filing fee.
Section 20-4-70. Duration of order of protection; modification of terms.
Section 20-4-80. Mailing or service of order.
Section 20-4-90. Sheriff's department to assist in execution of order.
Section 20-4-100. Responsibilities of law enforcement officer.
Section 20-4-110. Immunity from civil or criminal liability.
Section 20-4-120. Actions not affecting right to relief.
Section 20-4-130. Applicability of other remedies.
Section 20-4-160. Domestic Violence Fund.
Section 20-4-310. Citation of article.
Section 20-4-320. Definitions.
Section 20-4-330. Judicial enforcement of foreign protection order; determining validity of order.
Section 20-4-340. Enforcement by law enforcement officer; service of order on respondent.
Section 20-4-370. Remedies available to protected individual.
Section 20-4-375. Filing false protection order; criminal penalty; civil liability.
Section 20-4-380. Construction of act.