South Carolina § 20-4-40 - Petition for order of protection.
Full text of South Carolina South Carolina Code of Laws § 20-4-40 — Petition for order of protection., with citation guidance and answers to common questions.
§ 20-4-40. Petition for order of protection.
There is created an action known as a "Petition for an Order of Protection" in cases of abuse to a household member.
(a) A petition for relief under this section may be made by any household members in need of protection or by any household members on behalf of minor household members.
(b) A petition for relief must allege the existence of abuse to a household member. It must state the specific time, place, details of the abuse, and other facts and circumstances upon which relief is sought and must be verified.
(c) The petition must inform the respondent of the right to retain counsel.
(d) In a pending action for divorce or separate support and maintenance, the petition for relief shall be brought in the form of a motion for further relief and shall be served on counsel of record, if any. Where no action is pending, the petition shall be filed and served as an independent action. A pending motion or petition for relief shall not be dismissed solely because the underlying action is dismissed.
(e) The clerk of court must provide simplified forms which will facilitate the preparation and filing of a petition under this section by any person not represented by counsel, including motions and affidavits to proceed in forma pauperis.
(f) The clerk of court may not charge a fee for filing a petition for an order for protection from domestic abuse.
HISTORY: 1984 Act No. 484, SECTION 2; 1994 Act No. 519, SECTION 4, eff September 23, 1994; 1996 Act No. 396, SECTION 1, eff June 4, 1996; 2005 Act No. 166, SECTION 8, eff January 1, 2006.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 20-4-40
What does South Carolina Code of Laws § 20-4-40 cover?
Section 20-4-40 ("Petition for order of protection.") 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 § 20-4-40?
A common citation format is "South Carolina Code of Laws § 20-4-40" (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 § 20-4-40 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.