This form is a Stipulated Protective Order usable in cases with claims regarding licensing, patents, or commercial trade secrets.
South Carolina Stipulated Protective Order
State:
Multi-State
Control #:
US-TS11039
Format:
Word;
PDF;
Rich Text
Instant download
Description
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How to fill out Stipulated Protective Order?
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FAQ
After having a court hearing, a judge can grant you a ?restraining order after hearing? that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.
S.C. Code Ann. § 16-3-1750(A) vests magistrates with jurisdiction over an action seeking a restraining order. A restraining order may be issued: 1) with prior notice of a hearing to the defendant and 2) without notice to the defendant in an emergency situation.
To get a Restraining Order, you must prove to the Court at the hearing that you have been a victim of harassment, first degree, harassment, second degree, or stalking by the Defendant. The judge will decide whether to grant you a Restraining Order at the end of the hearing.
It's an order issued at the accused's bond hearing that prohibits any contact between the victim and the accused. The order is to be taken very seriously as it is a court order. The Order is in effect as long as the case is pending unless it is changed by a Judge.
§ 16-3-1750(B) provides that an action for a restraining order must be filed in the county in which (1) the defendant resides when the action commences; (2) the harassment in the first or second degree or stalking occurred; or (3) the plaintiff resides if the defendant is a non-resident of the State or cannot be found.
They typically include no verbal or telephonic communication or other forms of communication which includes, Facebook, twitter, text messages and even third-party contact (have a friend or family member pass along a message for you) to the alleged victim.
While the state of South Carolina doesn't take restraining orders lightly, as long as you don't face charges for violating a restraining order, it won't appear on a criminal record because it is a civil action.