South Carolina § 16-3-1760 - When temporary restraining orders may be granted without notice; notice and hearing on motion seeking restraining order.
Full text of South Carolina South Carolina Code of Laws § 16-3-1760 — When temporary restraining orders may be granted without notice; notice and hearing on motion seeking restraining order., with citation guidance and answers to common questions.
§ 16-3-1760. When temporary restraining orders may be granted without notice; notice and hearing on motion seeking restraining order.
(A) Within twenty-four hours after the filing of a complaint and motion seeking a restraining order pursuant to Section 16-3-1750, the court, for good cause shown, may hold an emergency hearing and, if the plaintiff proves his allegation by a preponderance of the evidence, may issue a temporary restraining order without giving the defendant notice of the motion for the order. A prima facie showing of present danger of bodily injury, verified by supporting affidavits, constitutes good cause.
(B) A temporary restraining order granted without notice must be served upon the defendant together with a copy of the complaint and a Rule to Show Cause why the order should not be extended for the full one-year period. The Rule to Show Cause must provide the date and time of the hearing for the Rule to Show Cause. The defendant must be served within five days before the hearing in the same manner required for service as provided in the South Carolina Rules of Civil Procedure.
(C) In cases not provided in subsection (A), the court shall cause a copy of the complaint and motion to be served upon the defendant at least five days before the hearing in the same manner required for service as provided in the South Carolina Rules of Civil Procedure.
(D) The court shall hold a hearing on a motion for a restraining order within fifteen days of the filing of a complaint and motion, but not sooner than five days after service has been perfected upon the defendant.
(E) Upon motion of a party, the court may determine that a temporary restraining order was improperly issued due to unknown facts. The court may order the temporary restraining order vacated and all records of the improperly issued restraining order destroyed.
HISTORY: 1995 Act No. 94, SECTION 1; 2005 Act No. 106, SECTION 7, eff January 1, 2006; 2013 Act No. 99, SECTION 6, eff June 20, 2013.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 16-3-1760
What does South Carolina Code of Laws § 16-3-1760 cover?
Section 16-3-1760 ("When temporary restraining orders may be granted without notice; notice and hearing on motion seeking restraining order.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 16-3-1760?
A common citation format is "South Carolina Code of Laws § 16-3-1760" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 16-3-1760 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.