A South Carolina Permanent Restraining Order is a court order that is issued by a family court judge to protect an individual from physical abuse, harassment, or stalking from another individual. There are two main types of South Carolina Permanent Restraining Orders: a Domestic Abuse Restraining Order and a Stalking Restraining Order. A Domestic Abuse Restraining Order is issued to an individual to protect them from physical abuse, harassment, or emotional distress from a family or household member. This type of restraining order is used when an individual is in immediate danger of being harmed by the other individual. A Stalking Restraining Order is issued to an individual to protect them from stalking by another person. This type of restraining order prohibits the other person from contacting the individual, coming near their home or workplace, or engaging in any other type of behavior that would harass or threaten the individual. Both types of South Carolina Permanent Restraining Orders are in place until the court decides to modify or terminate them.
South Carolina Permanent Restraining Order
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How to fill out South Carolina Permanent Restraining Order?
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FAQ
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.
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.
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.
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.
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
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".
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.
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.