Restraining Order On Someone Without Them Knowing
Description
How to fill out Complaint For Temporary Restraining Order, Preliminary Injunction And Permanent Injunction?
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FAQ
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.
The plaintiff has the burden of proof. That means they must convince a judge by a preponderance of the evidence that they are in fear of abuse. Both sides may offer testimony and evidence. Either side may call witnesses and cross-examine one another.
Because judges often are predisposed against dropping a no-contact order, having an attorney on your side can ensure the best arguments are made. If you're the criminal defendant, the attorney who represented you in the criminal case may be able to help you with your motion to terminate or modify the no-contact order.
You can attempt to lift the order at any time by submitting paperwork to the court (usually through a county clerk), after which a judge will review the information. Judges usually decide this based on what they think is best for the victim, so a defendant's opinions mean little to nothing in the final determination.
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.