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South Carolina Motion for Further Relief (Order of Protection)

State:
South Carolina
Control #:
SC-SKU-1262
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Motion for Further Relief (Order of Protection)

A South Carolina Motion for Further Relief (Order of Protection) is a legal document that can be used to further protect a victim of domestic violence or abuse. This motion can be used in criminal or civil court proceedings, and may be used to modify or extend the terms of an existing Order of Protection. Types of South Carolina Motion for Further Relief (Order of Protection) include: Extended Protective Order, Modification of Protective Order, and Vacation of Protective Order. An Extended Protective Order can be used to extend the length of time that an already existing Order of Protection remains in effect. A Modification of Protective Order can be used to change the terms of an existing Order of Protection, such as changing the prohibited conduct or adding a no contact order. Lastly, a Vacation of Protective Order can be used to terminate the Order of Protection.

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FAQ

On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.

Family Court appeals are initially heard by the South Carolina Court of Appeals. Filing an appeal can result in the original decision being overturned or modified. In order to retain us for your appeal your case will need to have been concluded or ended by the court decision.

The most common type of post-trial motion is a Motion for Reconsideration in which you are asking the judge to reconsider his/her ruling and change one specific part of the court order or the court's overall ruling.

Temporary relief is an interim, or ?temporary,? order from the court that addresses certain immediate circumstances until a more formal and permanent ruling can be reached.

Rules for South Carolina Family Court 365 Day Rule ? If the case is 365 days old, it can be dismissed without prejudice. It usually will be dismissed, and the temporary order will be dismissed with the case. The final hearing must be requested before the 365th day.

A motion to reconsider is a post-trial motion where you to ask the Judge who heard your case to amend his or her ruling. This is done for two primary reasons: One, you believe the Judge misunderstood your case, which led to the wrong decision. Two, the Judge failed to rule on an issue in your case.

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.

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.

More info

See the "How to Fill Out a Complaint and Motion for Restraining Order" guide on pages 5-6 below for more information on writing your Complaint. A Judge reviews the application and affidavit, and decides whether or not to issue a restraining order relief from abuse.Petitions for Order of Protection are completed and filed electronically in Kane County. How a party is served in the Order of Protection process has changed. Children, which lasts no more than 120 days). The PRO is enforceable wherever you go. It will usually be set in 7-10 (no more than 15) days from the time the petition was filed. Petitions for Order of Protection are completed and filed electronically in Kane County. A Judge reviews the application and affidavit, and decides whether or not to issue a restraining order relief from abuse. You may file this Motion when you file your Complaint and Motion for Restraining Order.

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South Carolina Motion for Further Relief (Order of Protection)