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South Carolina Petition For Order of Protection

South Carolina Petition For Order of Protection

Name: South Carolina Petition For Order of Protection
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.63 (402 reviews)

Category:

South Carolina Local County - Charleston - Family Court

State:

South Carolina

Control #:

SC-SKU-0408

Format:

Instant download

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Description

Petition For Order of Protection The South Carolina Petition For Order of Protection is a court order issued by a judge that requires an individual to refrain from certain actions or contact with another person. The order is typically issued in cases of domestic violence, stalking, harassment, or sexual assault. The petitioner is the party who is seeking the protection order, and the respondent is the party against whom the order is sought. There are two types of South Carolina Petition for Order of Protection. The first type is a Temporary Order of Protection, which is typically used in cases of emergency and is valid for a period of 15 days. The second type is a Permanent Order of Protection, which is issued after a hearing and remains in effect until the court decides to modify or terminate it.

The South Carolina Petition For Order of Protection is a court order issued by a judge that requires an individual to refrain from certain actions or contact with another person. The order is typically issued in cases of domestic violence, stalking, harassment, or sexual assault. The petitioner is the party who is seeking the protection order, and the respondent is the party against whom the order is sought. There are two types of South Carolina Petition for Order of Protection. The first type is a Temporary Order of Protection, which is typically used in cases of emergency and is valid for a period of 15 days. The second type is a Permanent Order of Protection, which is issued after a hearing and remains in effect until the court decides to modify or terminate it.

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FAQ

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

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.

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.

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".

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.

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.

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.

More info

Hon. John L. Weimer Chief Justice ; Veronica O. Koclanes Clerk Of Court ; Sandra A. Vujnovich Judicial Administrator. Notice to Petitioner: Respondent will receive a copy of this petition with service.Judge or Division: Case Number: (Date File Stamp). Code § 34-26-5), courts can issue orders to protect people from domestic or family violence, stalking, a sex offense, or harassment. To start the process, you need to file a petition for a restraining order with the court. There are no costs or filing fees for filing the petition. A civil court order issued to prevent continuing acts of family violence. Explains steps to get an Order of Protection, sometimes called a restraining order. Includes filling out forms and going to court. You must seek custody orders in a separate action in Superior Court.

South Carolina Petition For Order of Protection

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FAQ

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