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Bill > H4640


SC H4640

SC H4640
Orders of Protection


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Amending Section 20-4-20, Relating To Domestic Abuse Protection Definitions, So As To Add A Definition For "victim Advocate"; By Amending Section 20-4-40, Relating To Petitions For An Order Of Protection, So As To Allow A Victim Advocate To File A Petition For An Order Of Protection Or A Motion For Further Relief On Behalf Of A Household Member; And By Amending Section 20-4-50, Relating To Hearings On A Petition For An Order Of Protection, So As To Make Conforming Changes.

AI Summary

This bill amends South Carolina law to expand protections for domestic abuse survivors by introducing a new definition for "victim advocate" and modifying procedures for filing orders of protection. Specifically, the bill defines a victim advocate as a victim service provider who can communicate in the survivor's preferred language or uses a qualified interpreter. The legislation allows victim advocates to file petitions for orders of protection or motions for further relief on behalf of household members, even in ongoing divorce or maintenance proceedings. The bill also ensures that the clerk of court provides simplified forms for filing such petitions and waives filing fees, making it easier for survivors to seek legal protection. Additionally, the bill preserves existing provisions for emergency hearings within 24 hours if there is evidence of immediate danger, and mandates that if an emergency hearing is not held, a full hearing must be scheduled within 15 days, with proper notice given to the respondent. The changes aim to make the legal process more accessible and supportive for domestic abuse survivors by providing additional avenues for seeking protection and removing potential barriers to filing.

Committee Categories

Justice

Sponsors (3)

Last Action

Referred to Committee on Judiciary (on 01/13/2026)

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