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South Carolina Rule to Show Cause (Harassment and Stalking)

South Carolina Rule to Show Cause (Harassment and Stalking)

Name: South Carolina Rule to Show Cause (Harassment and Stalking)
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.56 (453 reviews)

Category:

South Carolina Statewide - Appellate Courts

State:

South Carolina

Control #:

SC-SKU-1474

Format:

Instant download

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Description

Rule to Show Cause (Harassment and Stalking) South Carolina Rule to Show Cause (Harassment and Stalking) is a civil remedy that enables victims of harassment and stalking to obtain court orders to protect themselves from continued abuse. This includes orders staying away from the victim, cease communication, and refrain from further harassment or stalking. The victim must file a petition with the court detailing the facts of the case and the specific relief sought. There are two types of South Carolina Rule to Show Cause: temporary restraining orders and permanent restraining orders. A temporary restraining order is issued by a judge to provide immediate protection for the victim, while a permanent restraining order is issued after a full hearing on the merits of the case. Both types of orders provide protection from continued harassment and stalking.

South Carolina Rule to Show Cause (Harassment and Stalking) is a civil remedy that enables victims of harassment and stalking to obtain court orders to protect themselves from continued abuse. This includes orders staying away from the victim, cease communication, and refrain from further harassment or stalking. The victim must file a petition with the court detailing the facts of the case and the specific relief sought. There are two types of South Carolina Rule to Show Cause: temporary restraining orders and permanent restraining orders. A temporary restraining order is issued by a judge to provide immediate protection for the victim, while a permanent restraining order is issued after a full hearing on the merits of the case. Both types of orders provide protection from continued harassment and stalking.

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FAQ

Under the South Carolina criminal laws Section 16-3-1730 (SC Code of Laws), stalking occurs if the Defendant intentionally engages in a pattern of conduct, or intentionally uses a pattern of words, to cause fear in an intended target and did cause fear in this target as a result of his or her pattern of conduct or

(A) Except as provided in subsections (B) and (C), a person who engages in harassment in the first degree is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, imprisoned not more than three years, or both.

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.

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

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.

Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history).

It is unlawful for a person to assault or intimidate a citizen, discharge a citizen from employment or occupation, or eject a citizen from a rented house, land, or other property because of political opinions or the exercise of political rights and privileges guaranteed to every citizen by the Constitution and laws of

Otherwise, call Victim Services at 803-777-6472 or the non-emergency police line at 803-777-4215.

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) (Harassment and Stalking). The party must complete a complaint and motion for restraining order.This protects you from being stalked. The law defines this in detail. You may be able to ask for money damages under the law. See "Do I Need a Lawyer?" below. You will need to complete a few court forms. The forms will ask you to describe in detail the harassment, stalking, threats, or harm you experienced. The judge will schedule a hearing for this to happen. The judge may also sign a show cause order, requiring a hearing on the petition and affidavit submitted.

South Carolina Rule to Show Cause (Harassment and Stalking)

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