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The legal action taken in South Carolina Family Court to enforce an Order is called a ?Rule to Show Cause.? The complaining party must file a Complaint of Contempt and must show to the Family Court that some violation of a past order is occurring.
A person who is convicted of or pleads guilty to criminal contempt is guilty of a felony and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both. HISTORY: 2014 Act No. 121 (S. 22), Pt IV, Section 6.
The rule to show cause shall be served with the supporting affidavit or verified petition by personal delivery of a duly filed copy thereof to the responding party by the Sheriff, his deputy or by any other person not less than eighteen (18) years of age, not an attorney in or a party to the action.
An adult found in contempt of court may be punished by a fine, a public work sentence, or by imprisonment in a local correctional facility, or any combination of them, in the discretion of the court, but not to exceed imprisonment in a local correctional facility for one year, a fine of fifteen hundred dollars, or
All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action
(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial in open court with a court reporter present, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.
RULE 7 The following documents and written statements shall be admissible in evidence without requiring that the persons or institution issuing the documents or statements be present in court: (a) A written statement of a child's attendance at school, signed by a school principal or duly authorized school official.
Judges of the South Carolina Magistrate Courts are each appointed to four-year terms by the governor with the advice and consent of the state Senate. To serve on this court, a judge must be a U.S. citizen, a state resident for five years, between the ages of 21 and 72, and have a bachelor's degree.
The enforcement powers of the Family Court are known as the ?Contempt Powers,? and are outlined by the South Carolina Code of Laws as follows: (1) up to one year in prison, (2) a fine up to $1,500, and/or (c) up to 300 hours of community service.