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.
South Carolina Complaint and Motion for Restraining Order
Description
Definition and meaning
The South Carolina Complaint and Motion for Restraining Order is a legal document used by individuals seeking protection from harassment or stalking. This document initiates a civil case in the magistrate's court, allowing the plaintiff to formally request a restraining order against a defendant who poses a threat to their safety or well-being.
The form outlines specific instances of harassment or stalking, meeting the legal definitions set forth under South Carolina law, particularly within Section 16-3-1700.
How to complete a form
To effectively complete the South Carolina Complaint and Motion for Restraining Order, follow these steps:
- Provide your personal information, including your name and contact details.
- Identify the defendant by including their name, date of birth, physical description, and any other relevant identifiers.
- Detail the incidents of harassment or stalking, specifying dates, locations, and descriptions of the conduct.
- Select and indicate the specific orders you are requesting against the defendant, such as barring them from contacting you.
- Sign the form in front of a notary public for validation.
Who should use this form
This form is intended for individuals who have experienced harassment or stalking and seek legal protection through a restraining order. It is suitable for:
- Victims of domestic violence
- Individuals facing persistent harassment in their personal or professional lives
- Those who feel threatened by the behavior of another person, requiring legal intervention
Legal use and context
The South Carolina Complaint and Motion for Restraining Order is utilized within the legal framework to safeguard individuals from further harm. By filing this motion, the plaintiff seeks temporary or permanent injunctions against the defendant, prohibiting them from engaging in specific behaviors that threaten the plaintiff’s safety.
This legal action prompts a court hearing where both parties can present their cases, leading to a judicial decision regarding the restraining order.
Key components of the form
Key elements that must be included in the South Carolina Complaint and Motion for Restraining Order are:
- Identification of the plaintiff and defendant
- Incident descriptions detailing harassment or stalking
- Specific requests for the court regarding the restraining order
- Signature of the plaintiff and notarization for legal validation
Common mistakes to avoid when using this form
When completing the South Carolina Complaint and Motion for Restraining Order, be mindful of the following common errors:
- Failing to include sufficient details about incidents of harassment or stalking
- Not specifying the exact nature of the relief requested from the court
- Omitting signatures or not having the form notarized
- Using unclear or ambiguous language that could misinterpret the intent
How to fill out South Carolina Complaint And Motion For 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.