South Carolina FULL FAITH AND CREDIT FOR PROTECTION ORDERS
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FAQ
The judge may ask you questions about your decision. The Order of Protection will be granted for a time period of 6 months up to 1 year. If, at the end of that time, you feel like you still need protection you can file a "Motion for Extension of Order of Protection".
Cases for Restraining Orders must involve at least 2 incidents of harassment, stalking, or other threatening situations. There is no filing fee. You will also be asked to fill out a complaint and motion. A hearing date will be set for 5 to 15 days from the date you file your paperwork in the Magistrates' Court.
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.
Orders the abuser to pay temporary support for you and/or your child. Grants you temporary possession of a shared residence. Forbids the abuser from selling or destroying shared property or assets. Determines who gets temporary possession of personal property.
What is the Full Faith and Credit Provision of VAWA? Te Full Faith and Credit provision of VAWA requires every jurisdiction in the United States to recognize and enforce valid protection orders issued in any jurisdiction in the United States (see 18 U.S.C. § 2265(a) on the Back Cover).
SECTION 20-4-40. Petition for order of protection. There is created an action known as a "Petition for an Order of Protection" in cases of abuse to a household member.
Cases for Restraining Orders must involve at least 2 incidents of harassment, stalking, or other threatening situations. There is no filing fee. You will also be asked to fill out a complaint and motion. A hearing date will be set for 5 to 15 days from the date you file your paperwork in the Magistrates' Court.
These terms are often used interchangeably, but an Order of Protection has more strict requirements and can usually be enforced more quickly than a Restraining Order. There are several different types of Restraining Orders. Both Orders of Protection and Restraining Orders are issued by Judges.