GroundRules
← Search the law
South Carolina · Through 2026 Session of the General Assembly

S.C. Code Ann. § 27-37-340: Arrest for violation of ex parte order; immunity; penalties; notice

Read at publisher ↗
Where this section sits in the code
  1. Title 27 - PROPERTY AND CONVEYANCES
  2. CHAPTER 37 Ejectment Proceedings
  3. ARTICLE 3 Ejectment of Unlawful Occupants of a Residential Dwelling

(A) When a law enforcement officer has probable cause to believe that a party, against whom an ex parte order under this article has been entered and who has notice of such order entered, has committed an act in violation of such order, the officer shall arrest the offending party-respondent regardless of whether the violation occurred in the presence of the arresting officer.

(B) In an arrest in which a law enforcement officer acted in good faith reliance on this section, the arresting and assisting law enforcement officers and their employing entities and superiors shall be immune from liability in any civil action alleging false arrest, false imprisonment, or malicious prosecution.

(C) A person who violates the terms and conditions of an ex parte order under this article is guilty of a felony and, upon conviction, must be imprisoned not more than three years or fined not more than three thousand dollars, or both. For the purposes of this subsection, in addition to the notice provided by actual service of the order, a party is deemed to have notice of an ex parte order under this article if:

(1) the law enforcement officer responding to a call of a violation of an ex parte order under this article presented a copy of the ex parte order to the respondent; or

(2) notice is given by actual communication to the respondent in a manner reasonably likely to advise the respondent.

Collected 2026-10-25T03:29:30Z. Source file · JSON

Browse this collection