South Carolina Summons (Protection from Domestic Abuse) is a legal document issued by a South Carolina court. It orders an alleged abuser to appear in court and respond to a petition or complaint that has been filed against them. The Summons provides notice to the abuser about the pending court action and informs them that an Order of Protection from Domestic Abuse may be issued against them. The Summons is typically issued after a petition or complaint for a Protection from Domestic Abuse (PDA) order has been filed with the court. The Summons serves as an official notice to the alleged abuser that a hearing will take place and that the court may issue an order to protect the petitioner from domestic abuse. There are two types of South Carolina Summons (Protection from Domestic Abuse): 1. Temporary Summons: The Temporary Summons is issued when the court believes that the petitioner is in immediate danger of domestic abuse or violence. It orders the alleged abuser to appear in court within 24 hours of service of the Summons. 2. Final Summons: The Final Summons is issued when the court believes that the petitioner is not in immediate danger of domestic abuse or violence. It orders the alleged abuser to appear in court within 10 days of service of the Summons. Both the Temporary and Final Summonses provide notice to the alleged abuser about the court hearing, the potential consequences of not appearing, and the possible issuance of an Order of Protection from Domestic Abuse.
South Carolina Summons (Protection from Domestic Abuse)
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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.
SECTION 20-4-40. Petition for order of protection. There is created an action known as a "Petition for an Order of Protection" in cases of abuse to a household member.
The PTI program is a program that's run by the State for first time offenders of non-violent crimes. If you successfully complete PTI, your CDV charge will be dismissed and expunged (deleted) from your criminal record.
In South Carolina, there's no statute of limitations for any criminal charge, including a criminal domestic violence charge. Thus, a person can be arrested, tried, convicted, and jailed for a domestic violence offense that occurred ten, or even twenty years ago.