South Carolina Permanent Restraining Order

State:
South Carolina
Control #:
SC-SKU-1198
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Description

Permanent Restraining Order
A South Carolina Permanent Restraining Order is a legal order issued by the court to protect one person from being abused, threatened, or harassed by another person. The order can be issued against a current or former spouse, someone living in the same household, someone with whom the victim has had a sexual relationship, or against a person stalking the victim. There are two types of South Carolina Permanent Restraining Order: Ex Parte Restraining Order and Final Restraining Order. An Ex Parte Restraining Order is a temporary order that can be issued quickly and without the defendant being present in court. In contrast, a Final Restraining Order is issued after the defendant is present in court to answer the charges. Both types of restraining orders can limit the defendant's contact with the victim, prohibit them from possessing weapons, and require the defendant to attend counseling.

A South Carolina Permanent Restraining Order is a legal order issued by the court to protect one person from being abused, threatened, or harassed by another person. The order can be issued against a current or former spouse, someone living in the same household, someone with whom the victim has had a sexual relationship, or against a person stalking the victim. There are two types of South Carolina Permanent Restraining Order: Ex Parte Restraining Order and Final Restraining Order. An Ex Parte Restraining Order is a temporary order that can be issued quickly and without the defendant being present in court. In contrast, a Final Restraining Order is issued after the defendant is present in court to answer the charges. Both types of restraining orders can limit the defendant's contact with the victim, prohibit them from possessing weapons, and require the defendant to attend counseling.

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FAQ

These terms are often used interchangeably, but an Order of Protection has more strict requirements and can usually be enforced more quickly than a Restraining Order. There are several different types of Restraining Orders. Both Orders of Protection and Restraining Orders are issued by Judges.

Restraining Order Remedies in South Carolina Restraining OrderOrder of ProtectionWhere do I file?Magistrates CourtFamily CourtHow long does the order last?1 year6 months to 1 year2 more rows

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.

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.

It does not cost anything to file a Complaint and Motion for a Restraining Order, but the Court does charge a $55 fee at the end of a Restraining Order case. At the end of a Restraining Order hearing, the Court will either order you or the Defendant to pay the $55 fee for filing a Restraining Order.

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

Permanent restraining orders; procedure. (A) The circuit court and family court have jurisdiction over an action seeking a permanent restraining order. (c) the complainant resides, if the respondent is a nonresident of the State or cannot be found.

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.

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.

More info

A permanent restraining order is a civil order that can be issued based on a conviction for certain criminal offenses. It can protect not only victims of crime but also witnesses who helped the prosecution during the criminal court proceedings.If you are a victim of violence, you can file a petition for a temporary protective order. The judge has the option of extending the order for up to three years or making the order permanent.1. 1 O.C.G.A § 19-13-4(c). A permanent restraining order provides protection for victims of certain crimes, such as child abuse, sexual assault, and other offenses. This section contains the most current forms for the Protective Order Registry. Make a statement of the danger. The first step in filing a restraining order is to complete the required forms for a temporary protective order. A permanent restraining order is the strictest order in the state of California.

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South Carolina Permanent Restraining Order