S.C. Code Ann. § 20-4-140 – Protection orders issued by foreign jurisdictions; validity in this state; enforcement of order; defendant's right to notice and opportunity to be heard | Midpage
§ 20-4-140
S.C. Code Ann. § 20-4-140
Protection orders issued by foreign jurisdictions; validity in this state; enforcement of order; defendant's right to notice and opportunity to be heard
(A) A valid protection order related to domestic or family violence, issued by a court of another state, tribe, or territory must be accorded full faith and credit by the courts of this State and enforced as if it were issued in this State even if the relief granted to the petitioner in the foreign order would not be available under the laws of this State. A valid protection order related to domestic or family violence issued by a county in this State must be accorded full faith and credit by all courts of this State but must be limited to relief available under South Carolina law. The court shall provide two certified copies of the order, free of charge, to a party receiving a protection order related to domestic or family violence in South Carolina. One of these copies must be for the party's records. The party must be directed by the court to present the other copy to law enforcement in the county in which the order was issued for entry into the National Crime Information Center and for enforcement if necessary. A certified copy of an order of protection must be forwarded by law enforcement within twenty-four hours to the Federal Bureau of Investigation/National Crime Information Center for inclusion in the person's FBI/NCIC report.
(B) A protection order related to domestic or family violence, issued by a state, tribe, or territory, is valid if the issuing court had jurisdiction over the parties and subject matter under the laws of the state, tribe, or territory. There is a presumption in favor of validity where an order appears authentic on its face. A defendant must have been given reasonable notice and the opportunity to be heard before the foreign order was issued; however, in the case of an ex parte order, notice and opportunity to be heard must have been given as soon as possible after the order was issued, consistent with due process. Failure to provide reasonable notice and opportunity to be heard is an affirmative defense to any charge or process filed seeking enforcement of a foreign protection order.
(C) A protection order entered against both the petitioner and defendant is not enforceable against the petitioner unless:
(1) the defendant filed a cross or counter petition, complaint, or other written pleading seeking a protection order; and
(2) the issuing court made specific findings of domestic or family violence against both parties and determined that each party is entitled to a protection order.
(D) A petitioner who obtains a valid order of protection in another state, tribe, or territory, may file that order without fee or cost by presenting a certified copy of the foreign order to a clerk of court in the judicial circuit where the petitioner believes enforcement may be necessary. A clerk of court shall direct the petitioner to present a copy of the filed foreign protection order to the police or sheriff's office for enforcement if necessary. The clerk also shall provide the petitioner with copy bearing proof of filing with the court for the petitioner's records. However, filing of the foreign order is not a prerequisite for enforcement of the order.
(E) A law enforcement officer may rely upon a copy of a protection order which has been provided to the officer by any source and which appears valid on its face regardless of certification and also may rely upon the statement of any person protected by a protection order that the order remains in effect. An officer shall enforce a valid order regardless of whether it has been entered into the National Crime Information Center or other registry. An officer shall also enforce a foreign order regardless of whether it has been filed in a South Carolina court. If the order was issued in South Carolina and has not previously been entered into the National Crime Information Center, the law enforcement officer must enter the order. A law enforcement officer acting in good faith is immune from civil and criminal liability in any action arising in connection with a court's finding that a protection order was not enforceable.