The South Carolina Rule to Show Cause — Citation for Contempt of Court (Protection from Domestic Abuse) is a court order that allows a petitioner to file a motion to have a respondent found in contempt of court for their failure to abide by the terms of a court order. This includes orders related to protection from domestic abuse, such as orders staying away from the petitioner or their residence, orders to cease contact by any means, orders to vacate a shared residence, orders to pay financial support, orders refraining from committing further acts of abuse, and other orders that are intended to protect the petitioner from further abuse. If the respondent is found in contempt of court, the judge can impose penalties such as fines, jail time, or other sanctions. There are two types of South Carolina Rule to Show Cause — Citation for Contempt of Court (Protection from Domestic Abuse): an Order to Show Cause and a Citation for Contempt of Court. An Order to Show Cause requires the respondent to appear in court to show why they should not be found in contempt of court, while a Citation for Contempt of Court allows the petitioner to file a motion for contempt without the respondent’s presence.
South Carolina Rule to Show Cause - Citation for Contempt of Court (Protection from Domestic Abuse)
Description Show Cause File
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FAQ
Rules to show cause carry powerful sanctions which are listed in S.C. Code § 63-3-620. The court can order the other party to spend up to one year in jail, fine him or her up to $1,500.00 or make him or her perform up to 300 hours of community service unless and until that party complies with the court order.
The rule to show cause shall be served with the supporting affidavit or verified petition by personal delivery of a duly filed copy thereof to the responding party by the Sheriff, his deputy or by any other person not less than eighteen (18) years of age, not an attorney in or a party to the action.
(a) Before Action. (1) Petition. A person who desires to perpetuate his own testimony or that of another person regarding any matter that may be cognizable in any court of the State may file a verified petition in the court in the Circuit of the residence of any expected adverse party.
Upon timely application anyone shall be permitted to intervene in an action: (1) when a statute confers an unconditional right to intervene; or (2) when the applicant claims an interest relating to the property or transaction which is the subject of the action and he is so situated that the disposition of the action
SOUTH CAROLINA FAMILY COURT RULE 14 - RULE TO SHOW CAUSE In its most basic form, a Rule to Show Cause hearing is an action claiming contempt of court. It is a legal action where the complaining party is alleging that the other party is acting in violation of a previous court order issued by the Family Court.
At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to him for all or part of the plaintiff's claim against him.
An adult found in contempt of court may be punished by a fine, a public work sentence, or by imprisonment in a local correctional facility, or any combination of them, in the discretion of the court, but not to exceed imprisonment in a local correctional facility for one year, a fine of fifteen hundred dollars, or
The enforcement powers of the Family Court are known as the ?Contempt Powers,? and are outlined by the South Carolina Code of Laws as follows: (1) up to one year in prison, (2) a fine up to $1,500, and/or (c) up to 300 hours of community service.