South Carolina Code 20-4-30. Jurisdiction
(B) Except as provided in subsection (C), actions for an order of protection must be filed in the county in which:
Terms Used In South Carolina Code 20-4-30
- Abuse: means :
(1) physical harm, bodily injury, assault, or the threat of physical harm;
(2) sexual criminal offenses, as otherwise defined by statute, committed against a family or household member by a family or household member. See South Carolina Code 20-4-20 - Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Court: means the Family Court. See South Carolina Code 20-4-20
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Order of protection: means an order of protection issued to protect the petitioner or minor household members from the abuse of another household member where the respondent has received notice of the proceedings and has had an opportunity to be heard. See South Carolina Code 20-4-20
- Petitioner: means the person alleging abuse in a petition for an order of protection. See South Carolina Code 20-4-20
- Venue: The geographical location in which a case is tried.
(1) the alleged act of abuse occurred;
(2) the petitioner resides or is sheltered, unless the petitioner is a nonresident of the State;
(3) the respondent resides, unless the respondent is a nonresident of the State; or
(4) the parties last resided together.
(C)(1) If the action is filed in the county in which the petitioner resides or is sheltered and the respondent is a nonresident of that county, the petitioner must request that the action be immediately transferred to another county in which venue is proper and must include a supplemental petition that designates the transfer county and that changes all specific references to the county of filing to the transfer county. The clerk of court must transfer and forward the supplemental petition to the transfer county.
(2) If the petitioner is a nonresident of the State, the action must be filed in the county specified in item (1), (3), or (4) of subsection (B).
(3) If the respondent is a nonresident of the State, the petitioner may request that the action be immediately transferred to another county in which venue is proper and must include a supplemental petition that designates the transfer county and that changes all specific references to the county of filing to the transfer county. The clerk of court must transfer and forward the supplemental petition to the transfer county.
(D) Hearings on the petition may be held in any county in the same judicial circuit as the county in which the action is filed or to which the action is transferred.