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South Carolina Notice and Motion to Extend Restraining Order (Harassment and Stalking)

State:
South Carolina
Control #:
SC-SKU-1473
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PDF
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Notice and Motion to Extend Restraining Order (Harassment and Stalking)

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FAQ

2. Do arrest warrants expire? No, arrest warrants do not expire.

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

Form 9 - Letter to Clerk of Lower Court Filing Notice of Appeal, S.C.

Upon written request of the prosecution, the defendant shall within ten days or at such time as the court may direct, notify the prosecution in writing of the defendant's intention to rely upon the defense of insanity at the time of the crime or to enter a plea of guilty but mentally ill.

A person convicted of stalking is guilty of a felony and fined a maximum of $5,000, faces up to 5 years in jail, or both. A person convicted of stalking when an injunction or restraining order is in place is guilty of a felony and fined a maximum of $7,000, faces up to 10 years in jail, or both.

For the full legal definition of Harassment (First Degree) see the attached statute (§16-3-1700(A)) on page 6. Harassment, Second Degree means causing someone mental or emotional distress by doing things such as contacting the Plaintiff repeatedly through verbal, written, or electronic means.

If you are taken into custody on a bench warrant, you will remain in jail until a hearing is scheduled on a motion to lift the bench warrant, which could take weeks or even months depending on your location and the circumstances.

More info

If you are in danger right now, call 911 or seek safety. Items 8 - 16 — A restraining order could also impact your life in other ways, including preventing you from having guns and ammunition.The Stalking Prevention, Awareness, and Resource Center ensures allied professionals have the knowledge to identify and respond to the crime of stalking. How to file a Restraining OrderA quick overview of the legal systemThe legal system is divided into two areas: civil law and criminal law. Blood relatives are also eligible to apply for domestic violence restraining orders. If you are unable to serve the defendant, you may complete a. Request to Continue Court Hearing and to Reissue. The Judicial Council has statutory authority to prescribe the protection from stalking or sexual assault forms. See K.S.A. 60-31a04(c). PDF file type icon .

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South Carolina Notice and Motion to Extend Restraining Order (Harassment and Stalking)