South Carolina Order of Destruction of Temporary Restraining Order or Mutual Order of Protection
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How to fill out South Carolina Order Of Destruction Of Temporary Restraining Order Or Mutual Order Of Protection?
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FAQ
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.
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
If you've already had your court hearing and want to dismiss the Order of Protection, you will need to file a "Motion to Dismiss" the Order of Protection. The Court will schedule a new hearing that you'll have to attend. You will have to tell the judge that you want to dismiss the Order.
If you need to change your order of protection, you will need to return to court and file a motion to modify. If you want to cancel (terminate) your order of protection, you can file a motion to terminate the 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.
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.
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.
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.