What is the SC Code 20 4 40?

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.

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South Carolina Order of Protection (Protection from Domestic Abuse...

South Carolina Order of Protection (Protection from Domestic Abuse Act)

Name: South Carolina Order of Protection (Protection from Domestic Abuse Act)
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South Carolina Statewide - Appellate Courts

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South Carolina

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SC-SKU-1464

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Order of Protection (Protection from Domestic Abuse Act)

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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.

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.

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.

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.

Overview. If someone is trying to obtain or has already obtained a protection order against you, you have a couple of options. You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court's grant of an extended protection order.

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".

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.

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Everyone deserves relationships free from domestic violence. This chapter may be cited as the "Protection from Domestic Abuse Act".HISTORY: 1984 Act No. 484, Section 2. If you are being stalked, Common Pleas Court may issue a Civil Stalking or Sexually Orientated Offense Protection Order (SSOOPO). An order of protection is a court order requiring one person to do, or not do, certain things if a crime is committed. It's one or more abusive acts between family or household members, or victims of sexual assault. What is a Protective Order? You are here. Home; " Legal Information; " Statutes; " Statutes: Oklahoma; " Title 22. What types of protection orders are there?

South Carolina Order of Protection (Protection from Domestic Abuse Act)

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How to fill out South Carolina Order Of Protection (Protection From Domestic Abuse Act)?

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FAQ

What proof do you need for a restraining order in SC?

How does an order of protection work in South Carolina?

What is the SC Code 20 4 40?

How does a restraining order work in the state of South Carolina?

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How long does a protective order last in SC?

What is the difference between a restraining order and an order of protection in South Carolina?

What is needed for a restraining order in South Carolina?

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