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South Carolina Notice and Motion to Extend Order of Protection

State:
South Carolina
Control #:
SC-SKU-1263
Format:
PDF
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Notice and Motion to Extend Order of Protection

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FAQ

One of the most common conditions is that there be no contact from you with the alleged victim in the case either verbally or electronically. Yes, this means that you will have to move out of the home where you were living and cannot return until the bond condition has been modified or the case has been resolved.

A restraining order is good for six months. To extend the order, you'll need to contact the Magistrate's Court where it was issued to get a renewal hearing.

It is possible for a person to appeal a decision made in a restraining order case. However, doing so is not easy. To appeal a decision, the individual must show that the magistrate made an error when applying the law to the case.

A restraining order is good for six months. To extend the order, you'll need to contact the Magistrate's Court where it was issued to get a renewal 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.

A no contact order can only be lifted if the victim asks for it. It is the victim's motion, not the defendant's. A victim has to contact the judge's assistant, get a court date and appear in court.

Restraining Order Remedies in South Carolina Restraining OrderWho can file?Anyone who is being harassed or stalked by another person.Where do I file?Magistrates CourtHow long does the order last?1 year1 more row

Criminal charges that include a punishment of up to three years in jail, if the violation occurs at a domestic violence shelter where the accuser resides. Criminal charges that include a punishment of up to five years in jail, if the person has a dangerous weapon.

More info

Only a judge can change, extend, or cancel a protective order. You will have to file the petition in the court that originally issued your protective order.Yes. Note: Respondent must complete an "Affidavit of Firearm. Dispossession" form and return it to the court. Orders of protection can be extended for up to 1, 5 or 10 years depending on the circumstances. If it is to extend the initial temporary period to a full order of protection, the courts may provide an additional year under the order. Fill out a Petition for Protection Order Form. You also can ask for a hard copy of this form at one of the eight District Court courthouse locations. It is before the order expires that the protected person will need to seek an extension.

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South Carolina Notice and Motion to Extend Order of Protection