South Carolina Complaint and Motion for Restraining Order

State:
South Carolina
Control #:
SC-CIV-0001
Format:
Word; 
Rich Text
Instant download

Description Restraining Order Template

Plaintiff files this complaint and motion for restraining order related to defendant's conduct or harassment and/or stalking. Plaintiff requests a temporary order to enjoin the defendant from committing further abuse or communication with plaintifff.
A South Carolina Complaint and Motion for Restraining Order is a legal document that is used to protect an individual from unwanted contact or harassment from another person. The document can be used to stop another person from coming within a certain distance of the filing party, or to prevent communication of any kind. It can also be used to protect a family member or an employee from harm or harassment. There are two types of South Carolina Complaint and Motion for Restraining Orders: a Temporary Restraining Order (TO) and a Permanent Restraining Order (PRO). A Temporary Restraining Order is issued by a judge after a hearing and is only in effect for a short amount of time. A Permanent Restraining Order is issued after a trial and can last up to three years. Both types of restraining orders require the respondent to stay away from the petitioner, their family, and their employees. The South Carolina Complaint and Motion for Restraining Order must be filled out accurately and completely, or it will not be accepted by the court. It must include the petitioner's name and contact information, the respondent's name and contact information, the reasons for the restraining order, and any other relevant information. The petitioner must also provide evidence of the respondent's actions that warrant the restraining order.

A South Carolina Complaint and Motion for Restraining Order is a legal document that is used to protect an individual from unwanted contact or harassment from another person. The document can be used to stop another person from coming within a certain distance of the filing party, or to prevent communication of any kind. It can also be used to protect a family member or an employee from harm or harassment. There are two types of South Carolina Complaint and Motion for Restraining Orders: a Temporary Restraining Order (TO) and a Permanent Restraining Order (PRO). A Temporary Restraining Order is issued by a judge after a hearing and is only in effect for a short amount of time. A Permanent Restraining Order is issued after a trial and can last up to three years. Both types of restraining orders require the respondent to stay away from the petitioner, their family, and their employees. The South Carolina Complaint and Motion for Restraining Order must be filled out accurately and completely, or it will not be accepted by the court. It must include the petitioner's name and contact information, the respondent's name and contact information, the reasons for the restraining order, and any other relevant information. The petitioner must also provide evidence of the respondent's actions that warrant the restraining order.

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FAQ

How to File for an Order Step One: Fill out the forms. Get the forms from the courthouse. You can get help from the clerk of court, an attorney or a domestic violence advocate. Step Two: File for the order. Give your completed forms to the clerk. There should be no filing fees.

Otherwise, call Victim Services at 803-777-6472 or the non-emergency police line at 803-777-4215. You can also email victimhelp@sc.edu. 3.

SECTION 16-13-170. Entering house or vessel without breaking with intent to steal; attempt to enter. (2) conceal himself in a house or vessel, with intent to commit a crime.

§ 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.

For you to file a restraining order, the perpetrator must have committed at least two acts of stalking, harassment or other threatening behavior. While it can be helpful to have two police reports, it is not necessary by state law.

CHAPTER 3 - OFFENSES AGAINST THE PERSON. SECTION 16-3-1770. Form and content of temporary restraining order. (A) A temporary restraining order granted without notice must be endorsed with the date and hour of issuance and entered of record with the magistrates court.

(A) A person who engages in stalking is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars, imprisoned not more than five years, or both.

For the full legal definition of Harassment (First Degree) see the attached statute (§16-3-1700(A)) on page 6. Harassment, Second Degree means causing someone mental or emotional distress by doing things such as contacting the Plaintiff repeatedly through verbal, written, or electronic means.

More info

This training guide has been revised to incorporate the latest revision to the Domestic Violence. Complaint and Application for a Temporary Restraining Order.(4) Motion to Dissolve. Your answers will be used to complete the Complaint. There is a fee to file a lawsuit in Superior Court. The person who wants protection ("the plaintiff") can ask the judge for many types of protective orders ("relief"). A complete list can be found in RSA 173-B. Step Three: Obtain, Complete, and File Your Forms. Contact an attorney for legal advice and more complete information. You will ask a judge for a Protection Order using forms the Court provides.

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South Carolina Complaint and Motion for Restraining Order