South Carolina Order Granting Protective Order

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Multi-State
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US-01609
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This is a protective order granting protect to property sought in a forfeiture proceeding by government authorities in connection with a criminal case. Property is ordered protected from seizure until underlying criminal case is resolved. Adapt to fit your facts.
A South Carolina Order Granting Protective Order is a legal document issued by a court to protect individuals from harm, harassment, or unwanted contact. It serves as a tool to ensure the safety and well-being of the person seeking protection. This order is typically granted in situations involving domestic violence, stalking, harassment, or any act that poses a threat to an individual's safety or peace of mind. To obtain a South Carolina Order Granting Protective Order, an individual must file a petition in the appropriate South Carolina court. The petitioner, also referred to as the victim or the plaintiff, is required to provide evidence supporting their claim of harassment, stalking, or abuse. It is crucial to include sufficient details in the petition regarding the incidents, dates, times, locations, and any documented evidence such as photographs, messages, or witness statements. Various types of South Carolina Orders Granting Protective Orders exist to address specific situations: 1. Domestic Violence Protective Order: This order is granted to individuals who are victims of domestic violence, that is, violence committed by a family or household member. It can include spouses, former spouses, parents, children, individuals who share a child in common, or individuals who have or had a romantic relationship. 2. Stalking Protective Order: This order is provided to individuals who are being stalked. Stalking involves a pattern of unwanted and harassing behavior that causes emotional distress or fear in the victim. It includes actions like following, surveillance, unwanted contact, threats, or unwanted gifts. 3. Harassment Protective Order: This order is granted to individuals who are subjected to continuous and unwelcome behavior that causes intentional, repetitive, or severe emotional distress or fear for their safety. Harassment can occur in various forms, such as verbal, physical, electronic, or written. To successfully obtain a South Carolina Order Granting Protective Order, the petitioner must provide a detailed account of the incidents and explain why they believe they are in immediate danger or fear for their safety. The court will review the petition and evidence before deciding whether to grant the protective order. Once the order is granted, it legally prohibits the abuser or harasser from having any contact or communication with the victim. It may also establish other provisions, such as establishing a safe distance, surrendering firearms, granting custody or visitation rights, or mandating counseling or treatment for the abuser. Violation of a South Carolina Order Granting Protective Order is a serious offense and can result in penalties, including arrest, fines, and potential imprisonment. It is essential for individuals protected by such an order to immediately report any violations to law enforcement. Overall, a South Carolina Order Granting Protective Order aims to provide individuals with immediate protection and legal recourse against threats, harassment, or violence. By granting these orders, the court plays a crucial role in ensuring the safety and well-being of victims and helping them regain control over their lives.

A South Carolina Order Granting Protective Order is a legal document issued by a court to protect individuals from harm, harassment, or unwanted contact. It serves as a tool to ensure the safety and well-being of the person seeking protection. This order is typically granted in situations involving domestic violence, stalking, harassment, or any act that poses a threat to an individual's safety or peace of mind. To obtain a South Carolina Order Granting Protective Order, an individual must file a petition in the appropriate South Carolina court. The petitioner, also referred to as the victim or the plaintiff, is required to provide evidence supporting their claim of harassment, stalking, or abuse. It is crucial to include sufficient details in the petition regarding the incidents, dates, times, locations, and any documented evidence such as photographs, messages, or witness statements. Various types of South Carolina Orders Granting Protective Orders exist to address specific situations: 1. Domestic Violence Protective Order: This order is granted to individuals who are victims of domestic violence, that is, violence committed by a family or household member. It can include spouses, former spouses, parents, children, individuals who share a child in common, or individuals who have or had a romantic relationship. 2. Stalking Protective Order: This order is provided to individuals who are being stalked. Stalking involves a pattern of unwanted and harassing behavior that causes emotional distress or fear in the victim. It includes actions like following, surveillance, unwanted contact, threats, or unwanted gifts. 3. Harassment Protective Order: This order is granted to individuals who are subjected to continuous and unwelcome behavior that causes intentional, repetitive, or severe emotional distress or fear for their safety. Harassment can occur in various forms, such as verbal, physical, electronic, or written. To successfully obtain a South Carolina Order Granting Protective Order, the petitioner must provide a detailed account of the incidents and explain why they believe they are in immediate danger or fear for their safety. The court will review the petition and evidence before deciding whether to grant the protective order. Once the order is granted, it legally prohibits the abuser or harasser from having any contact or communication with the victim. It may also establish other provisions, such as establishing a safe distance, surrendering firearms, granting custody or visitation rights, or mandating counseling or treatment for the abuser. Violation of a South Carolina Order Granting Protective Order is a serious offense and can result in penalties, including arrest, fines, and potential imprisonment. It is essential for individuals protected by such an order to immediately report any violations to law enforcement. Overall, a South Carolina Order Granting Protective Order aims to provide individuals with immediate protection and legal recourse against threats, harassment, or violence. By granting these orders, the court plays a crucial role in ensuring the safety and well-being of victims and helping them regain control over their lives.

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FAQ

Pursuant to S.C. Code Ann. § 16-3-1910, notwithstanding any other provision of law, the terms of this Order are enforceable throughout this State. Law enforcement officers shall arrest a respondent who acts in violation of this Order after service and notice of the Order have been provided.

SC code § 16-13-1700 defines harassment first degree, harassment second degree, and stalking ? to get a temporary restraining order from a SC magistrate, you must prove that the defendant is committing one of these crimes and that you are entitled to protection from them.

If you prove your case to the family court, SC Code § 20-4-60 says that the judge can issue an Order of Protection that: Temporarily enjoins the abuser ?from abusing, threatening to abuse, or molesting the petitioner or the person or persons on whose behalf the petition was filed,?

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.

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.

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 ...

§ 16-3-1750(B) provides that an action for a restraining order must be filed in the county in which (1) the defendant resides when the action commences; (2) the harassment in the first or second degree or stalking occurred; or (3) the plaintiff resides if the defendant is a non-resident of the State or cannot be found.

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.

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There are no forms for this, so in most cases, you will need to get help from an attorney for this. You can also file a new Petition for Order of Protection. Nov 8, 2022 — Step 2: Carefully fill out the forms. ... The petition for an order of protection will ask for information about the abuser, how s/he abused you, ...To get a Restraining Order, you must go to a Magistrates Court and fill out a Complaint and Motion for Restraining Order, form SCCA 749. You must go to the the ... I ask this court to issue an Order of Protection, because: 1. This is the county where this case should be handled, since (check one): a. The alleged act of ... Step Two: File for the order. Give your completed forms to the clerk. There should be no filing fees. Bring a valid ID and information about your abuser: photo, ... In order to complete the forms, you will need to enter personal information about yourself and the person against whom you are seeking the order. When you have ... Generally, you need two police reports showing that the person has harassed or stalked you on two or more occasions. If the person has a current charge pending ... First, you must document all instances of harassment or threatening behavior to build a case. In order to be granted a restraining order, you must show that the ... You should contact the Magistrate for the area in which the offender lives. For a complete list of Magistrates' Courts and their locations, click here. South Carolina law says that you can file for an Order of Protection if you have been a victim of abuse. "Abuse," under this law, means either: physical harm ...

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South Carolina Order Granting Protective Order