(A) An order of protection issued under Section 20-4-60 must be for a fixed time not less than six months nor more than one year unless the parties have reconciled as evidenced by an order of dismissal and may be extended or terminated by order of the court upon motion by either party showing good cause with notice to the other party. A respondent has the right to a hearing on the extension of an order issued pursuant to this section within thirty days of the date upon which the order will expire. If the parties reconcile, the issuing court may grant an order of dismissal without a hearing if the petitioner receiving the order of protection to be dismissed appears personally at the offices of the issuing court, shows proper identification, and signs a written request to dismiss based on the reconciliation.
(B) Provisions included in an order of protection granting relief pursuant to Section 20-4-60(C) must be enforced until further order of the court following the issuance of the order unless before the expiration of the period the court has scheduled a hearing pursuant to the filing of an action for divorce or separate support and maintenance to determine the temporary rights and obligations of the parties with respect to support of a spouse or children, custody and visitation, or the distribution of personal property. If the hearing has been scheduled, relief granted under Section 20-4-60(C) remains in effect until an order pursuant to the hearing is issued by the court.
(C) The family court may modify the terms of any order issued under this section.
(D) An order of protection issued by a magistrate expires as provided under the terms of the order or upon the issuance of a subsequent order by the family court, whichever occurs first.
HISTORY: 1984 Act No. 484, Section 2; 1995 Act No. 138, Section 3, eff June 28, 1995; 1998 Act No. 270, Section 1, eff April 7, 1998.
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.