South Carolina Complaint and Motion for Restraining Order
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FAQ
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.
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.
SECTION 16-13-170. Entering house or vessel without breaking with intent to steal; attempt to enter. (2) conceal himself in a house or vessel, with intent to commit a crime.
§ 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.
For you to file a restraining order, the perpetrator must have committed at least two acts of stalking, harassment or other threatening behavior. While it can be helpful to have two police reports, it is not necessary by state law.
CHAPTER 3 - OFFENSES AGAINST THE PERSON. SECTION 16-3-1770. Form and content of temporary restraining order. (A) A temporary restraining order granted without notice must be endorsed with the date and hour of issuance and entered of record with the magistrates court.
(A) A person who engages in stalking is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars, imprisoned not more than five years, 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.