On May 13, 2026, the South Carolina Court of Appeals, in the case of Major v. Major, held that the magistrate courts have jurisdiction to hear spouses’ requests for restraining orders.
In Major, Wife sought a restraining order in magistrate court against Husband pursuant to section 16-3-1750 of the South Carolina Code (2015) (the Harassment and Stalking Statute) for stalking and harassment. Husband and Wife had a pending divorce action in the family court at the time Wife sought the restraining order.
The magistrate court dismissed Wife’s complaint, finding it was a “family court matter.” Wife appealed to the circuit court, which affirmed the magistrate court’s dismissal. The circuit court held that the magistrate court correctly determined that, because Wife and Husband were married, the family court had exclusive subject matter jurisdiction over Wife’s request for a restraining order pursuant to the Protection from Domestic Abuse Act. Wife appealed.
The Court of Appeals reversed and remanded to the magistrate court. It noted that the Harassment and Stalking Statute allowed the magistrate court to issue a restraining order for behavior that is not encompassed in the Protection from Domestic Abuse Act, specifically harassment and stalking. It also noted that while many states have harassment and stalking as behaviors that can give rise to a protection from domestic abuse order, South Carolina does not. It further noted that the Harassment and Stalking Statute allowed “any person” to file a complaint.
Essentially, Major holds that between spouses, petitions for restraints against harassment and stalking can be brought in magistrate court. They can also be brought in family court as part of a marital dissolution or custody action. However, it remains a viable option to bring one in magistrate court.
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