(A) A law enforcement officer of this State, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a tribunal of this State. Presentation of a protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a valid foreign protection order exists. For the purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement.
(B) If a foreign protection order is not presented, a law enforcement officer of this State may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.
(C) If a law enforcement officer of this State determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.
(D) Registration or filing of an order in this State is not required for the enforcement of a valid foreign protection order pursuant to this article.
HISTORY: 2007 Act No. 61, Section 1, eff June 8, 2007.
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.