What is the SC Code 20 4 40?

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.

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South Carolina Permanent Restraining Order

South Carolina Permanent Restraining Order

Name: South Carolina Permanent Restraining Order
Brand: US Legal Forms
Price: 59.00 USD
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Category:

South Carolina Statewide - Appellate Courts

State:

South Carolina

Control #:

SC-SKU-1199

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Permanent Restraining Order 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.

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.

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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.

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.

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.

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

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.

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.

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A permanent restraining order is a civil order that can be issued based on a conviction for certain criminal offenses. It can protect not only victims of crime but also witnesses who helped the prosecution during the criminal court proceedings.A permanent restraining order provides protection for victims of certain crimes, such as child abuse, sexual assault, and other offenses. Make a statement of the danger. A permanent protective order lasts up to five years, therefore the burden to prove the abuse, harassment, or stalking is higher. A permanent order will protect victims from all forms of contact from the offender for the foreseeable future. A permanent restraining order precedes a temporary restraining order. It is issued after a court hearing if the judge deems it necessary. Preliminary Protective Order (lasts 15 days or until a full hearing). • Protective Order (may last up to 2 years).

South Carolina Permanent Restraining Order

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