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South Carolina Restraining Order

South Carolina Restraining Order Distance

Name: South Carolina Restraining Order
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.88 (285 reviews)

Category:

South Carolina Statewide - Appellate Courts

State:

South Carolina

Control #:

SC-SKU-1470

Format:

Instant download

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Description

Restraining Order A South Carolina Restraining Order is a legal document that is issued by a court to protect an individual from harm caused by another person. It typically prohibits the restrained person from contacting, communicating with, or coming within a certain distance of the protected individual. There are two types of South Carolina Restraining Orders: Domestic Violence Restraining Orders and Stalking Restraining Orders. Domestic Violence Restraining Orders are issued when a person has been a victim of domestic violence, harassment, or other abuse, and seeks protection from the abuser. Stalking Restraining Orders are issued when a person has been the victim of stalking, or when a person fears they are in danger of being stalked. Both types of Restraining Orders protect an individual from further harm, and can include orders staying away from the protected individual, not to contact them, and to not possess any weapons.

A South Carolina Restraining Order is a legal document that is issued by a court to protect an individual from harm caused by another person. It typically prohibits the restrained person from contacting, communicating with, or coming within a certain distance of the protected individual. There are two types of South Carolina Restraining Orders: Domestic Violence Restraining Orders and Stalking Restraining Orders. Domestic Violence Restraining Orders are issued when a person has been a victim of domestic violence, harassment, or other abuse, and seeks protection from the abuser. Stalking Restraining Orders are issued when a person has been the victim of stalking, or when a person fears they are in danger of being stalked. Both types of Restraining Orders protect an individual from further harm, and can include orders staying away from the protected individual, not to contact them, and to not possess any weapons.

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FAQ

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.

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.

§ 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. a. Insure that the party is filing in the proper county.

For you to file a restraining order, the perpetrator must have committed at least two acts of stalking, harassment or other threatening behavior. While it can be helpful to have two police reports, it is not necessary by state law.

SC Code § 16-3-1700(B) defines harassment in the second degree as ?a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a reasonable person in his position to suffer mental or emotional

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.

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Answer: To get a restraining order, you must file a legal petition with the county court. A restraining order is an injunction.A temporary restraining order can be granted immediately, without a hearing and without any notice to the opposing party. Once the petition is complete, you can file it either in person or online through the Florida Courts e-Filing Portal. The Proof of Service (In Person) (Form DV-200) shows the judge and police that the restrained person got a copy of the order. Once you turn in your request, a judge will decide quickly whether to grant you temporary protection now. For you to file a restraining order, the perpetrator must have committed at least two acts of stalking, harassment or other threatening behavior. An "ex parte" protection order lasts until you go to court. At court, the judge decides if the protection order will be canceled or continued for one year. If you are in danger right now, dial 911.

South Carolina Restraining Order Distance

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How does a restraining order work in the state of South Carolina?

What is the difference between a restraining order and an order of protection in South Carolina?

What is the statute of a restraining order in South Carolina?

Is a restraining order the same as an order of protection in SC?

What is needed for a restraining order in South Carolina?

What justifies a restraining order in SC?

What qualifies as harassment in South Carolina?

What does a no contact order mean in SC?

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