South Carolina Motion and Affidavit For Emergency Hearing Temporary Restraining Order is a legal document used to request an emergency hearing and temporary restraining order in the state of South Carolina. This document is usually used when a petitioner is seeking a restraining order to protect themselves or their family from immediate danger. This motion and affidavit must be filed in the appropriate court in the county where the petitioner resides. It must be accompanied by an affidavit from the petitioner that explains the nature of the emergency situation and the need for the restraining order. The court will then decide whether to grant the restraining order. The two types of South Carolina Motion and Affidavit For Emergency Hearing Temporary Restraining Order are Domestic Violence Restraining Order and Stalking Restraining Order. A Domestic Violence Restraining Order is used to protect the petitioner from physical, sexual, or emotional abuse from a current or former intimate partner. A Stalking Restraining Order is used to protect the petitioner from being stalked or harassed by another person.
South Carolina Motion and Affidavit For Emergency Hearing Temporary Restraining Order
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How to fill out South Carolina Motion And Affidavit For Emergency Hearing Temporary Restraining Order?
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FAQ
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.
A restraining order is good for six months. To extend the order, you'll need to contact the Magistrate's Court where it was issued to get a renewal hearing.
§ 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. a. Insure that the party is filing in the proper county.
If you would like to file a restraining order, or if you have a question about a pending restraining order, please contact the Central Court Magistrate located at 2500 Decker Blvd, at 803-576-2300. Richland County Bond Court will proceed with bond hearings as normally scheduled.
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.
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.
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.