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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.

S.C. Code Ann. § 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.

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.

Violating a Temporary Restraining Order ? If you violate a temporary restraining order in South Carolina, you can face a $500 fine and up to 30 days in jail. Violating a Permanent Restraining Order ? If you violate a permanent restraining order in South Carolina, you can face up to a $1,500 fine and 12 months in jail.

Permanent restraining orders; procedure. (A) The circuit court and family court have jurisdiction over an action seeking a permanent restraining order. (c) the complainant resides, if the respondent is a nonresident of the State or cannot be found.

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.

Restraining Order Remedies in South Carolina Restraining OrderOrder of ProtectionWhere do I file?Magistrates CourtFamily CourtHow long does the order last?1 year6 months to 1 year2 more rows

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.

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An ex parte temporary protective order is a court order designed to provide you and your family members with immediate protection from the abuser. Go to the courthouse and get the forms you need.In North Carolina, a "permanent" DVPO can last for up to one year, but can be renewed for up to two years at a time. What do "plaintiff" and "defendant" mean? Provide as many details as possible but don't sign the complaint until you are before a notary public or clerk of court. Let the judge know the relief you need. Apply for a temporary or ex parte protection order. If you've had a temporary restraining order against you, the court will schedule a hearing to decide whether to issue a permanent order. If you need protection for a longer period of time, you must ask the court for a Preliminary Protective Order. To get a Restraining Order, you must go to a Magistrates Court and fill out a Complaint and Motion for Restraining Order, form SCCA 749.

South Carolina Complaint for Permanent Restraining Order

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