A South Carolina Permanent Restraining Order is a legal document issued by a court to protect individuals from acts of harassment, abuse, stalking, or other forms of violence. It can also be used to keep someone away from a certain person or location. The order is issued by a judge and can last indefinitely or for a specific period of time. There are two types of South Carolina Permanent Restraining Order: a Domestic Abuse Restraining Order and a Stalking Protective Order. A Domestic Abuse Restraining Order is issued when there is evidence of physical or emotional abuse within a family or household. A Stalking Protective Order is issued when there is evidence of stalking or cyberstalking. Both orders can require an individual to stay away from the protected party, and can also include provisions for child custody and support, as well as restraining the abuser from possessing firearms.
South Carolina Permanent Restraining Order
Description
How to fill out South Carolina Permanent Restraining Order?
Dealing with legal paperwork requires attention, precision, and using properly-drafted templates. US Legal Forms has been helping people across the country do just that for 25 years, so when you pick your South Carolina Permanent Restraining Order template from our library, you can be certain it meets federal and state regulations.
Dealing with our service is straightforward and quick. To obtain the necessary paperwork, all you’ll need is an account with a valid subscription. Here’s a brief guide for you to get your South Carolina Permanent Restraining Order within minutes:
- Remember to carefully look through the form content and its correspondence with general and law requirements by previewing it or reading its description.
- Search for another formal template if the previously opened one doesn’t suit your situation or state regulations (the tab for that is on the top page corner).
- ​Log in to your account and save the South Carolina Permanent Restraining Order in the format you prefer. If it’s your first time with our service, click Buy now to proceed.
- Register for an account, decide on your subscription plan, and pay with your credit card or PayPal account.
- Choose in what format you want to obtain your form and click Download. Print the blank or upload it to a professional PDF editor to prepare it paper-free.
All documents are created for multi-usage, like the South Carolina Permanent Restraining Order you see on this page. If you need them one more time, you can fill them out without re-payment - simply open the My Forms tab in your profile and complete your document any time you need it. Try US Legal Forms and accomplish your business and personal paperwork rapidly and in full legal compliance!
Form popularity
FAQ
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.
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.
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.
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
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.
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.
For the full legal definition of Harassment (First Degree) see the attached statute (§16-3-1700(A)) on page 6. Harassment, Second Degree means causing someone mental or emotional distress by doing things such as contacting the Plaintiff repeatedly through verbal, written, or electronic means.
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.