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
Restraining Order Remedies in South Carolina Restraining OrderWho can file?Anyone who is being harassed or stalked by another person.Where do I file?Magistrates CourtHow long does the order last?1 year1 more row
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.
You must prove the defendant has abused you and/or your children and that you need protection. The judge will decide whether to file an order of protection or not. You must go to the hearing. If you skip the hearing, the order you have requested will expire and you will have to file new paperwork.
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.
While the state of South Carolina doesn't take restraining orders lightly, as long as you don't face charges for violating a restraining order, it won't appear on a criminal record because it is a civil action.
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".
A restraining order is good for six months. To extend the order, you'll need to contact the Magistrate's Court where it was issued to get a renewal hearing.
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.