If a protective order has been filed against you, or you’re seeking clarity on your rights and options, John Crangle is available to assist as a Domestic Violence Lawyer. Serving clients through the 13th Judicial Circuit in Greenville, South Carolina, he defends against protective order hearings and criminal charges related to these orders.
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You need an experienced attorney. John has tried more than a dozen cases to jury verdict as lead defense attorney. He knows what a good resolution of your case is, and more importantly what a bad resolution is.
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Johnathan MWhat is a Protective Order in South Carolina?
Understanding protective orders in South Carolina is crucial, especially since there are two main types of civil protective orders.
Orders of Protection under S.C. Code §§ 20-4-10 through 20-4-160 are issued by the Family Court for “household members.” These members include spouses, former spouses, individuals sharing a residence, those with a child together, or those in a romantic relationship.
Restraining Orders are issued by Magistrate Court in cases of stalking or harassment, and when parties aren’t considered household members under the domestic abuse statute.
This guide focuses primarily on the Family Court protective order process, common in domestic violence cases.
The Family Court’s jurisdiction over Orders of Protection is under S.C. Code § 20-4-30. You can file in the county where the abuse occurred, where either party resides, or where you last lived with the respondent. For Greenville residents, this means filing in the Greenville County Family Court.
A petition for an Order of Protection must allege abuse to a household member and specify the time, place, and details of the abuse. The petitioner must verify the petition under oath.
Temporary Orders. Within 24 hours after serving the petition on the respondent, the court can hold an emergency hearing and issue a temporary order if the petitioner shows abuse by a preponderance of evidence or if there’s immediate danger of bodily injury. These orders typically last 15 days until a final hearing.
Final Orders. After a full hearing with evidence and testimony from both parties, the court can issue a final Order of Protection. Under S.C. Code § 20-4-70, final orders last between six months to one year, with possible extensions for good cause.
Penalties and Consequences of a Protective Order in Greenville, SC
An Order of Protection can disrupt your life even before any criminal charge:
You might have to leave a home you own or lease
Contact with the petitioner may be completely barred, including through third parties
Access to the petitioner’s residence or workplace might be restricted
Temporary custody of children may go to the petitioner
You might be required to pay temporary support
Under S.C. Code § 20-4-60(B), it’s a criminal offense to violate an Order of Protection, punishable by up to 30 days in jail and a $500 fine, or contempt of court punishable by up to one year in jail and a $1,500 fine.
Federal firearms ban. If the order includes findings of domestic violence and prohibits firearms possession, federal law (18 U.S.C. § 922(g)(8)) immediately bans you from owning firearms while the order is active. This affects hunters, law enforcement officers, military personnel, and firearm owners.
A Violation of Protective Order raises the degree of any ensuing CDV charge. If you’re subject to a protective order and commit CDV 3rd Degree violations, the charge elevates to CDV 2nd Degree. Committing CDV 2nd Degree bumps it to CDV 1st Degree, and committing 1st Degree while violating an order becomes CDVHAN (CDV High and Aggravated Nature).
Such escalation considerably heightens your criminal exposure should any altercations occur with an order pending.
How Protective Order Cases Are Handled in Greenville County
In Greenville County, the protective order process takes place in Family Court. The Clerk of Court’s office provides required forms and information to petitioners. Compass of Carolina, a local advocacy group, aids in this process and provides legal assistance at hearings.
A protective order hearing is civil, not criminal, with a lower burden of proof, a preponderance of the evidence rather than beyond reasonable doubt. Statements at these hearings can later affect a criminal CDV case, making legal representation crucial. Without an attorney, statements you make can jeopardize your defense.
The hearing is akin to a short trial. Petitioners testify, present evidence, and undergo cross-examination. Respondents can also testify and provide evidence. Family Court judges assess witness credibility and evidence sufficiency.
Hearings in Greenville County are scheduled rapidly, often days after serving the emergency order. This short window underscores the importance of hiring an attorney quickly.
If CDV 1st Degree or other charges are pending, civil and criminal proceedings run parallel. Your attorney needs to coordinate both to prevent harmful overlaps in statements.
Defense Strategies for Protective Orders
Contesting the claims. Petitioners need to prove abuse allegations by a preponderance of evidence. Cross-examining testimony, exposing inconsistencies, presenting a lack of corroborating evidence, or showcasing motives to fabricate can weaken the petitioner’s case.
Presenting your evidence. You have the right to testify, call witnesses, and present evidence at the hearing. Documentation like texts, photos, or witness testimonies that clash with the petitioner’s claims can be influential.
Challenging “household member” status. Orders are only applicable against household members by law. If the relationship doesn’t fit, the Family Court may not proceed under the domestic abuse statute.
Negotiating conditions. Parties might reach an agreement to avoid contested hearings. Agreed conditions addressing concerns without an abuse finding can be negotiated.
Protecting your criminal case. Statements made in civil hearings can impact criminal proceedings. Your attorney will guide you on speaking carefully, including invoking your Fifth Amendment rights if appropriate.
One aspect of protective order proceedings that surprises many respondents is the speed of the process. In Greenville County, a temporary order can be issued the same day a petition is filed, often without any prior notice to you. You may return home from work to find a law enforcement officer at the door with service papers requiring you to leave immediately. The final hearing, where both sides present evidence, is typically scheduled within two weeks of the temporary order. That short window is why retaining an attorney the moment you are served matters so much. Preparing a response, gathering evidence, and identifying witnesses cannot be done overnight.
Seeking changes. Once an Order of Protection is ordered, either party can file a motion for modification or termination, showing good cause. This is relevant if the circumstances change or if the order stems from inaccurate claims.
Why You Need a Protective Order Lawyer in Greenville
Protective order hearings are swift. Notices you receive may only provide a few preparation days. Judges make crucial decisions about your home, children, and firearms at these hearings, which can impact your criminal case.
John Crangle represents respondents at these hearings in Greenville Family Court, ensuring coordination between civil order defense and any concurrent criminal CDV defense. He excels at cross-examining petitioners, presenting evidence effectively, and safeguarding your rights.
Need assistance with CDV 2nd Degree or CDV 3rd Degree charges related to protective orders? John Crangle can address these as part of an integrated defense strategy.
Expungement of related convictions and the protection of firearm and custody rights depend on initial case handling.
Contact John Crangle for a confidential consultation. Ensure a lawyer stands by you at a protective order hearing.