South Carolina Motion and Affidavit for Emergency Hearing (Temporary Restraining Order) (Harassment and Stalking) is a legal document used in the state of South Carolina to obtain an immediate temporary restraining order (TO) against a person or entity engaging in harassment or stalking behavior. It is typically filed in the family court, and includes an affidavit outlining the facts and circumstances of the alleged harassment or stalking behavior. The affidavit must provide sufficient evidence to demonstrate that the behavior is likely to cause immediate and irreparable harm, and that the TO is necessary to protect the safety and well-being of the petitioner. The types of South Carolina Motion and Affidavit for Emergency Hearing (Temporary Restraining Order) (Harassment and Stalking) include Bros for Domestic Violence, Sexual Assault, Dating Violence, and Stalking. Each type of To outline the specific forms of behavior prohibited by the order, such as contact, communication, or proximity to the victim.
South Carolina Motion and Affidavit for Emergency Hearing (Temporary Restraining Order) (Harassment and Stalking)
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Form 9 - Letter to Clerk of Lower Court Filing Notice of Appeal, S.C.
§ 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.
Upon written request of the prosecution, the defendant shall within ten days or at such time as the court may direct, notify the prosecution in writing of the defendant's intention to rely upon the defense of insanity at the time of the crime or to enter a plea of guilty but mentally ill.
To be an admissible Affidavit, the acknowledgment must be sworn to be true and correct to the best personal knowledge of the affiant. Furthermore, the affiant must declare that the statements contained in the Affidavit are true and correct under penalties of perjury.
What Should You Include in a South Carolina Affidavit? The name and address of the affiant. A statement of the facts. A sworn declaration that the statements are true. The signature of the affiant. The date of the affidavit. The signature of the Notary Public.
What is an affidavit? An affidavit is a written, sworn statement used in court proceedings and other legal matters that has been witnessed and notarized by another party. Depending on your location, you might need to have an authorized affidavit taker witness the creation of your affidavit in person.
(b) Change of Attorney. An attorney may be changed by consent, or upon cause shown, and upon such terms as shall be just, upon application, by order of the Court, and not otherwise. Written notice of change of attorney must be served as provided by Rule 5.
After the process server serves the papers, he or she must prepare an affidavit that they completed service of process. This affidavit must be notarized. File the affidavit with the Clerk of Court's office where the case is filed.