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South Carolina Temporary (Ex Parte) Restraining Order

Category:
Statewide - Appellate Courts
State:
South Carolina
Control #:
SC-SKU-1472
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Description Ex Parte Order

Temporary (Ex Parte) Restraining Order
A South Carolina Temporary (Ex Parte) Restraining Order is a court order issued by a judge that requires an individual to cease certain behaviors for a certain period of time. The order is issued on an emergency basis without the accused being present, and is intended to protect an individual from being the victim of abuse or harassment. There are three types of South Carolina Temporary (Ex Parte) Restraining Orders: Domestic Abuse, Stalking and Harassment, and Sexual Assault. A Domestic Abuse restraining order is issued to protect a person from physical or psychological abuse, or threats of abuse, from an intimate partner or family member. A Stalking and Harassment restraining order is issued to protect a person from being followed, monitored, or threatened by another person. Finally, a Sexual Assault restraining order is issued to protect a person from unwanted sexual contact or threats of sexual contact.

A South Carolina Temporary (Ex Parte) Restraining Order is a court order issued by a judge that requires an individual to cease certain behaviors for a certain period of time. The order is issued on an emergency basis without the accused being present, and is intended to protect an individual from being the victim of abuse or harassment. There are three types of South Carolina Temporary (Ex Parte) Restraining Orders: Domestic Abuse, Stalking and Harassment, and Sexual Assault. A Domestic Abuse restraining order is issued to protect a person from physical or psychological abuse, or threats of abuse, from an intimate partner or family member. A Stalking and Harassment restraining order is issued to protect a person from being followed, monitored, or threatened by another person. Finally, a Sexual Assault restraining order is issued to protect a person from unwanted sexual contact or threats of sexual contact.

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FAQ

SC Code § 16-3-1700(B) defines harassment in the second degree as ?a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a reasonable person in his position to suffer mental or emotional

How to File for an Order Step One: Fill out the forms. Get the forms from the courthouse. You can get help from the clerk of court, an attorney or a domestic violence advocate. Step Two: File for the order. Give your completed forms to the clerk. There should be no filing fees.

Violating a Temporary Restraining Order ? If you violate a temporary restraining order in South Carolina, you can face a $500 fine and up to 30 days in jail. Violating a Permanent Restraining Order ? If you violate a permanent restraining order in South Carolina, you can face up to a $1,500 fine and 12 months in jail.

Defining an Ex Parte Restraining Order An ex parte restraining order is an order where only the petitioner, their attorney, and the judge know about the order. The other parties involved in the matter are not required to be present and do not have an opportunity to provide input about the matter.

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.

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.

One of the most common conditions is that there be no contact from you with the alleged victim in the case either verbally or electronically. Yes, this means that you will have to move out of the home where you were living and cannot return until the bond condition has been modified or the case has been resolved.

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More info

To get a temporary ex parte order, the judge has to believe that the abuser presents a clear and present danger of family violence to you or a family member. The judge will make this decision based upon the information you include in your application for a protective order.This order will be temporary until the case is resolved. A "final" order of protection may be granted as a part of a plea deal or sentencing. All ex parte applications must comply with CPLR 2217(b). (4) An ex parte temporary protection order shall be effective for a fixed period not to exceed fourteen (14) days but may be reissued for good cause shown. A temporary restraining order, commonly known as a "TRO" is used in family law to place injunctions without a full hearing on one or both parties. The judge will sign a temporary Ex Parte Protective Order on Behalf of Children and schedule a hearing within 21 days. A temporary ex parte order generally lasts for 2 weeks. A general protective order generally lasts for 2 years.

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