The South Carolina Petition For Order of Protection is a court order issued by a judge that requires an individual to refrain from certain actions or contact with another person. The order is typically issued in cases of domestic violence, stalking, harassment, or sexual assault. The petitioner is the party who is seeking the protection order, and the respondent is the party against whom the order is sought. There are two types of South Carolina Petition for Order of Protection. The first type is a Temporary Order of Protection, which is typically used in cases of emergency and is valid for a period of 15 days. The second type is a Permanent Order of Protection, which is issued after a hearing and remains in effect until the court decides to modify or terminate it.
South Carolina Petition For Order of Protection
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How to fill out South Carolina Petition For Order Of Protection?
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FAQ
One of the most common conditions is that there be no contact from you with the alleged victim in the case either verbally or electronically. Yes, this means that you will have to move out of the home where you were living and cannot return until the bond condition has been modified or the case has been resolved.
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.
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.
Cases for Restraining Orders must involve at least 2 incidents of harassment, stalking, or other threatening situations. There is no filing fee. You will also be asked to fill out a complaint and motion.
The judge may ask you questions about your decision. The Order of Protection will be granted for a time period of 6 months up to 1 year. If, at the end of that time, you feel like you still need protection you can file a "Motion for Extension of Order of Protection".
Orders the abuser to pay temporary support for you and/or your child. Grants you temporary possession of a shared residence. Forbids the abuser from selling or destroying shared property or assets. Determines who gets temporary possession of personal property.
Cases for Restraining Orders must involve at least 2 incidents of harassment, stalking, or other threatening situations. There is no filing fee. You will also be asked to fill out a complaint and motion. A hearing date will be set for 5 to 15 days from the date you file your paperwork in the Magistrates' Court.
SC Code § 16-3-1700(B) defines harassment in the second degree as ?a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a reasonable person in his position to suffer mental or emotional