The South Carolina Motion and Order for Dismissal (Protection from Domestic Abuse Act) is a form of legal protection that provides victims of domestic abuse in South Carolina with a means to obtain relief from their abuser. This form of legal protection is granted through a court order, which can be filed in South Carolina state courts. The Motion and Order for Dismissal (Protection from Domestic Abuse Act) is available to individuals who are victims of physical, emotional, or sexual abuse, or who are at risk of such abuse, from a person with whom they have an intimate relationship. The order prohibits all contact between the abuser and the victim, provides protection from future acts of violence, and may also provide for the removal of the abuser from the home. There are two types of South Carolina Motion and Order for Dismissal (Protection from Domestic Abuse Act): temporary and permanent orders. Temporary orders provide immediate relief and can be issued without a court hearing. Permanent orders require a court hearing and provide long-term protection. Both types of orders provide for a stay away distance, which requires the abuser to remain a certain distance away from the victim. The orders may also include other provisions such as prohibiting the abuser from contacting or visiting the victim, or from having any contact with the victim's family or friends.
South Carolina Motion and Order for Dismissal (Protection from Domestic Abuse Act)
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(A) A person who engages in stalking is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars, imprisoned not more than five years, or both.
§ 16-3-1750(B) provides that an action for a restraining order must be filed in the county in which (1) the defendant resides when the action commences; (2) the harassment in the first or second degree or stalking occurred; or (3) the plaintiff resides if the defendant is a non-resident of the State or cannot be found.
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.
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.
§ 16-3-1750(B) provides that an action for a restraining order must be filed in the county in which (1) the defendant resides when the action commences; (2) the harassment in the first or second degree or stalking occurred; or (3) the plaintiff resides if the defendant is a non-resident of the State or cannot be found.
CHAPTER 3 - OFFENSES AGAINST THE PERSON. SECTION 16-3-1770. Form and content of temporary restraining order. (A) A temporary restraining order granted without notice must be endorsed with the date and hour of issuance and entered of record with the magistrates court.
SECTION 16-13-170. Entering house or vessel without breaking with intent to steal; attempt to enter. (2) conceal himself in a house or vessel, with intent to commit a crime.