This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.
South Carolina USLegal Guide on Restraining Orders and No Contact Orders
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US-GDE-09
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Otherwise, call Victim Services at 803-777-6472 or the non-emergency police line at 803-777-4215. You can also email victimhelp@sc.edu. 3. Consider getting a restraining order.
This is most likely the first time you will have asked what is a no contact order in SC. 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.
S.C. Code Ann. § 16-3-1750(A) vests magistrates with jurisdiction over an action seeking a restraining order. A restraining order may be issued: 1) with prior notice of a hearing to the defendant and 2) without notice to the defendant in an emergency situation.
While the state of South Carolina doesn't take restraining orders lightly, as long as you don't face charges for violating a restraining order, it won't appear on a criminal record because it is a civil action.
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.
Harassment or stalking is when a person repeatedly contacts or even follows another person, causing them emotional distress or fear. The penalties increase based on the severity of the allegations, with harassment second-degree being the least serious and stalking charges the most severe.
Threatening others isn't the only form of verbal assault. Insulting another person, name-calling and generally using your words to hurt or upset them can be considered harassment under South Carolina law. Harassment may take place in person, over the phone or through the written word, including on the internet.
S.C. (B) "Harassment in the second degree" means 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 distress.