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South Carolina Supplement to the Petition for Order of Protection

State:
South Carolina
Control #:
SC-SKU-1270
Format:
PDF
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Description

Supplement to the Petition for Order of Protection

The South Carolina Supplement to the Petition for Order of Protection is a form that is filed with a petition for an Order of Protection in the state of South Carolina. The form is used by petitioners to provide additional information for the court to consider in their review of the petition. The form includes sections for identifying information for the petitioner and respondent, a description of the alleged acts of abuse, a list of any prior court orders protecting the petitioner, a list of any other family or civil court cases involving the petitioner and respondent, and a list of any other relief sought by the petitioner. The South Carolina Supplement to the Petition for Order of Protection is available in two versions: one for use in Domestic Abuse cases, and one for use in Non-Domestic Abuse cases.

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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.

Upon written request of the prosecution, the defendant shall within ten days or at such time as the court may direct, notify the prosecution in writing of the defendant's intention to rely upon the defense of insanity at the time of the crime or to enter a plea of guilty but mentally ill.

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".

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.

' Motion for Protective Order at 1-2.) Rule 26(c) of South Carolina's Rules of Civil Procedure allows, for good cause, a party or the person from whom discovery is sought, to request that the court grant a protective order.

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.

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.

Discovery Rule specifics in South Carolina The South Carolina Supreme Court phrased it this way: ?The statute of limitations runs from the date the injured party either knows or should have known by the exercise of reasonable diligence that a cause of action arises from the wrongful conduct.?

More info

Enter the respondent's full, legal name on the respondent line. There can be more than one respondent.Explain relationship (example: co-workers, neighbors, etc.) VI. COMPLETE FOR ALL CASES. 10. Forms for filing for an Order of Protection or Injunction Against Harassment in an Arizona State Court. A modified order is effective on service and expires two years after service of the initial order and petition. There is no fee to file a Petition for Order of Protection. See our tutorials to learn how to get started or reach out to an advocate for help. Order of protection; remedies. (a) Issuance of order. (1) Amended or Supplemental Petition in Writing.

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South Carolina Supplement to the Petition for Order of Protection